Criminal Defense Archives - Page 2 of 12

Jul 23, 2018 | By Andrew Moses | Read Time: 2 minutes | Criminal Defense

How to Get a Job If You Have a Criminal Record

Everyone has a “youthful indiscretion” they would like to forget. Unfortunately, if that indiscretion left you with a criminal record, forgetting may not be so easy. There is a good chance a potential employer will inquire about your criminal history. So what do you do if you were convicted of a crime, and maybe even served some jail time? The Law Regarding Employee Background Checks in Florida First, let’s address how the law works in this area. Under the federal Fair Credit Reporting Act, employers must follow certain procedures before requesting criminal background checks on job applicants. The employer must get your written consent in advance and let you know if you will be disqualified based on a past conviction. Companies that run background checks for employers must also take reasonable steps to ensure the accuracy of any information they provide employers. For example, if your criminal background report contains false or misleading information–such as reporting an arrest as a conviction–you have the right to dispute the background report and demand remedial action. Also keep in mind that employers who maintain a blanket “no conviction” policy for new hires may run afoul of federal civil rights laws. Although the law does not expressly protect former criminals as a suspect class, the fact that a disproportionate percentage of individuals convicted of crimes–particularly drug crimes–are African-American and Hispanic can give rise to an inference of racial discrimination. On the other hand, Florida law actively encourages employers to conduct criminal background checks. Under Section 768.096 of the Florida Statutes, an employer is generally protected from “negligent hiring” claims if it “conducted a background investigation of the prospective employee and the investigation did not reveal any information that reasonably demonstrated the unsuitability of the prospective employee for the particular work to be performed or for the employment in general.” In other words, if an employer hires an applicant with a criminal record, and the employee subsequent harms a third party, the employer will not be held liable for civil damages. Be Honest and Keep Things in Perspective So what should you do if you have a prior conviction? Obviously, you should never lie. But you also do not need to begin an interview by confessing your past crimes. However, once an employer extends an offer, you should let them know about the facts and circumstances of your record. Remember, the employer is probably going to conduct a background check anyway. It is best to let them know what they’ll find from you rather than wait for the background report to come back. Also note that not all convictions are treated the same. A misdemeanor disorderly conduct offense from 15 years ago is not the same thing as armed robbery committed 5 years ago. Employers are principally concerned about crimes that demonstrate moral turpitude, such as theft or acts of violence. Of course, the best way to deal with a criminal record during your job search is not to have one in the first place. If you are charged with a state or federal crime and need representation from a qualified Orlando criminal defense lawyer, contact Moses & Rooth today at (407) 377-0150.

Jul 16, 2018 | By Andrew Moses | Read Time: 2 minutes | Criminal Defense

“Smiling Mugshot” Woman Charged with DUI Manslaughter

There’s a school of thought that believes smiling in your mugshot following a criminal arrest is a good idea. Public officials charged with crimes sometimes do this as a way of showing defiance or that they consider the charges politically motivated. But even private citizens are known to smile when the police take a mugshot, perhaps because they do not want to “look guilty” or they simply do not think they’ve done anything wrong. The danger of smiling in a mugshot, however, is that it invites negative press coverage–especially if the person is accused of a crime that seriously injured someone else. It’s one thing to smile in the face of a white-collar corruption charge. It’s quite another to look happy when you’re accused of manslaughter. Woman Faces 15 Years for Fatal Ocala Accident One Florida woman is learning this lesson the hard way. She is currently facing a DUI manslaughter charge in a case that drew national attention after she smiled in her initial booking mugshot. The charge arises from a fatal May 18 auto accident in Ocala. According to news reports, the defendant was driving her vehicle through the intersection of U.S. 27 and Northwest 60th Avenue when it rear-ended a Hyundai. The impact was hard enough to force the Hyundai into the back of a third vehicle, a horse trailer. A passenger in the Hyundai, a 60-year-old Ocala woman, died as a result injuries sustained in the accident. According to the arresting officer, the defendant claimed “she dropped her phone” and that caused her to divert her attention from the road, leading to the fatal accident. But the officer said he observed the defendant’s eyes were “glossy” and speech “slurred,” and decided to conduct field sobriety tests. Later, law enforcement reportedly determined the defendant’s blood-alcohol content was 0.172 percent. This is more than twice the legal BAC limit of 0.08 percent. Florida troopers initially charged the defendant with drunk driving that caused “serious bodily injury to another.” This is a third-degree felony under Florida law. But following the victim’s death–and the subsequent public outcry over the defendant’s “smiling mugshot”–prosecutors refiled the charged as DUI manslaughter, a second-degree felony that carries a maximum prison term of 15 years. Do Not Smile–But Do Contact an Orlando Criminal Defense Lawyer The defendant’s attorney attempted to perform damage control with the press regarding the “smiling mugshot.” She insisted her client was “a good-hearted person, a wife, mother and friend who is devastated by what happened.” Not surprisingly, the victim’s family was not feeling charitable. The victim’s daughter, who was also injured in the accident, told the media the defendant “needs to rot in hell.” Such sentiments are perfectly understandable. But they also have no legal bearing on the defendant’s guilt or innocence. While smiling mugshots may inflame victims and the media, they are not a substitute for evidence. That said, if you are arrested and charged with DUI or another serious crime, it is in your own best interest to treat the matter seriously and somberly. Do not worry about looking good in your mugshot. Instead, contact a qualified Orlando DUI manslaughter defense attorney who can help keep you out of jail. Contact the offices of Moses & Rooth, Attorneys at Law, at (407) 377-0150, if you have been arrested and need immediate legal assistance.

Jun 28, 2018 | By Andrew Moses | Read Time: 2 minutes | Criminal Defense

Avoid Being Arrested for these Common 4th of July Crimes

The Fourth of July is a time for celebration. Of course, the first Independence Day was a tumultuous time for the nation’s founders–they were literally facing treason charges from the British Crown. Fortunately, few Orlando residents will find themselves in that kind of legal trouble today. But there are other more ordinary crimes that can lead to your arrest during the extended holiday. Here are just a few things to keep in mind as you head out to your July 4th celebration this year: Minor in possession of alcohol. With schools and colleges out for the summer, many teenagers will try and take advantage of the holiday to consume beer or other alcoholic beverages with their friends. While the United States may have been founded on the principles of “life, liberty, and the pursuit of happiness,” that does not cover underage drinking. It is a second-degree misdemeanor in Florida for anyone under the age of 21 to possess alcohol. Driving under the influence (DUI). The Orlando area is frequently jammed with people visiting local theme parks and other attractions over the 4th of July holiday. Combined with the local celebrations–many of which involve the consumption of alcohol, legal or otherwise–this usually means a significant increase in drunk driving. For a first-time offender, a DUI can lead to up to six months in jail and a 1-year suspension of driving privileges. Breach of the peace. Section 877.03 of the Florida Statutes broadly prohibits acts that “corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them.” Generally speaking, this means it is a misdemeanor “breach of the peace” to engage in public fighting or engage in other kinds of disruptive behavior. Sometimes the broad language of the law can lead to comical results. For example, on 4th of July in 2015, Neptune Beach police arrested 22-year-old Lane Pittman for “breach of the peace” because he was playing the national anthem too loudly on a public sidewalk. Disorderly intoxication. Having a couple of drinks to celebrate the holiday is fine (assuming you’re at least 21 years old). But it is a misdemeanor under Florida law to be “intoxicated and endanger the safety of another person or property.” This is known as “disorderly intoxication,” and it also applies to cases where a person is drinking in a public place or conveyance (such as a bus or train) and causes a “disturbance.” Stay Safe This Holiday–and Call Our Dedicated Orlando Criminal Defense Attorneys if You Need Help The best way to keep out of legal trouble this Independence Day is to attend an organized public celebration. The City of Orlando will host its annual “Fireworks at the Fountain” starting at 4 p.m. The University of Florida in Gainesville will have its own Fanfares & Fireworks show at Flavet Field from 7 p.m. to 10 p.m. on July 3rd. And Walt Disney World has its “Celebrate America” concerts planned for July 3 and July 4 starting at 9:15 p.m. each evening. Whatever you choose to do this 4th of July, stay safe. And if you are arrested for some reason and need advice on what to do from an experienced Orlando criminal defense lawyer, contact the offices of Moses & Rooth, Attorneys at Law, at (407) 377-0150

May 3, 2018 | By Andrew Moses | Read Time: 2 minutes | Criminal Defense

Tennessee Double-Murder Suspect Found Dead After Confessing Crimes on Facebook

Many Florida residents are accustomed to sharing their daily activities with friends via Facebook and other social media networks. But the darker side of this phenomenon was on display recently when a 22-year-old Tennessee man took to his Facebook page to confess to the murder of two people, including his own mother, shortly before taking his own life. According to an April 9 report in USA Today, the man published his post the day before. In it, he said that around 5 a.m. that morning, “I shot and killed my mother … and a close friend of mine … with a stolen .22 [long rifle].” He went on to describe the crimes in graphic detail, noting he killed one of the victims while he was sleeping and that he shot his mother “several times until she died.” The man went onto say in his post that, “I take full responsibility for my actions. Nothing anyone has or hasn’t done to me caused this, my decisions and my failures are my own.” He said that he did not “want or need forgiveness from anyone,” and that anyone who wanted to help should direct their efforts towards his older brother, who he said “will probably need a lot of help getting through this.” Police spent nearly a day looking for the man following his online confession. His body was ultimately located in Jasper County, Mississippi. According to the local sheriff, the man shot himself about 100 yards from his vehicle, which was abandoned somewhere on Interstate 59 in the unincorporated community of Vossburg. The man’s older brother did speak with the press. He said that he received a text message indicating that his younger brother had sent him $250 for what were described as “Damages.” The older brother assumed from this cryptic message that his older brother had committed suicide. Only later did he learn about the murders. According to the Washington Post, the older brother said he was an advocate of gun control, and that his younger brother actually shares his anti-gun views. The older brother speculated that his sibling, who attempted to kill himself at least twice before these events, was simply determined not to fail a third time. The older brother noted his younger brother had suffered “from severe depression and had stayed briefly at mental-health facilities,” but he had no prior history of criminal behavior. Indeed, the older brother told the press, “No one ever said [his younger brother] was a harm to anybody else. No mental-health professional ever indicated any of that.” Getting Help for Family Members in Mental Health or Legal Trouble Obviously, this tragic story comes on the heels of the recent mass murder in Parkland, Florida, where the accused shooter’s mental state–and access to firearms–has been the subject of much public and political debate. But as the Tennessee man’s subsequent self-inflicted gunshot wound illustrates, the majority of gun deaths in the U.S. are suicides rather than homicides. If you have a family member who is contemplating taking their own life, please encourage them to seek professional help or contact the National Suicide Prevention Lifeline at 1-800-273-8255. And if you have reason to believe they may be involved in a criminal act arising from their mental health condition, seek legal advice by contacting the Orlando criminal defense attorneys at Moses & Rooth or calling 407) 377-0150 right away.

Apr 11, 2018 | By Andrew Moses | Read Time: 2 minutes | Criminal Defense

Florida Governor Signs Bill to Combat Opioid Epidemic

Drugs are widely used in the United States, but it’s not just illegal ones that are leading to criminal charges and deaths. Prescription drugs have become an epidemic in the country over the past decade. People are living longer and relying on painkillers to help them feel good. The problem with prescription drugs, though, is that they stop working after a while. They become less effective, so some people take more and more. As a result, many overdose and die. Opioids are the most commonly used prescription drugs, and they are causing numerous deaths across the United States. People are also selling them to make money, which is considered illegal sale of prescription drugs. This is often a felony crime. Fortunately, Florida is being proactive and taking steps to combat this crisis. Gov. Rick Scott recently signed a new law that will place stricter limits on opioid use in a bid to address the epidemic, which claims at least 16 lives a day in Florida alone. The comprehensive measure will include education programs and limited availability of these addictive drugs. The state legislature has made combating the opioid epidemic a priority. The new law will earmark more money for education programs. It will place tougher limits on opioid prescriptions. It will also require that doctors check the state database and make sure that patients are not “doctor shopping” and getting prescriptions from multiple health care providers. The situation is dire in Florida. Between 2015 and 2016, opioid overdose deaths skyrocketed 35 percent. In 2016, opioids were responsible for the deaths of 5,725 people in the state. Fentanyl is the most popular opioid in some areas of Florida. Some versions of fentanyl can be 5,000 times more lethal than heroin. Manatee County suffered the highest rate of deaths from this drug in 2016. The new law, which takes effect July 1, has a goal of reducing the number of prescription drug addicts in Florida. It will place the toughest restrictions on Schedule II drugs such as fentanyl and oxycontin. Doctors would be able to prescribe only a three-day limit, although a seven-day limit would be allowed in some cases. There would be no limit for those with chronic pain, trauma or a terminal illness such as cancer. The new law includes an upgrade to Florida’s Prescription Drug Monitoring Program. It would make it easier to track a person’s medication history across the nation. This means that doctors in adjacent states could track a Florida resident’s prescriptions and refuse to fill any if it appears the person is attempting to get prescriptions from multiple doctors. Contact an Orlando Criminal Defense Attorney Today Even though prescription drugs are often obtained legally, you can still get in legal trouble for fraud and illegal possession and sale relates to these drugs. You could face felony charges for selling prescription drugs. If this is the case for you, you need legal help right away. Contact the aggressive criminal defense lawyers at Moses & Rooth. We will assess every aspect of your case to help you formulate a solid defense. Schedule your free consultation today. Call our office at (407) 377-0150 or contact us online.

Apr 4, 2018 | By Jay Rooth | Read Time: 2 minutes | Criminal Defense

Brother of FL Mass Murder Suspect Held on $500k Bond for Trespassing

The mass shooting that happened in February 2018 at Marjory Stoneman Douglas High School in Parkland, Florida is still on the minds of many. Victims who survived are still recovering from the tragedy. The 19-year-old boy who committed the crime is currently behind bars. But authorities believe that a threat still exists: the boy’s younger brother. While the boy allegedly does not understand why his older brother would do such a thing, police believe the boy has the red flags as his brother, especially after a trespassing incident at the same Parkland school where 17 people were killed by his brother. The younger brother was warned to stay away from the school after the mass shooting. However, he was recently caught at the school. He was arrested on March 19 after security cameras caught him trespassing on school grounds. He got past all locked gates and doors and proceeded to ride his skateboard on school property. The boy told authorities that he was at the school to “reflect on the school shooting and soak it in.” The boy was adopted at a young age and left orphaned when his adoptive parents died. His caretaker was in New York at the time of his arrest. Trespassing charges are often minor in Florida. Typical bail is set at $25. However, for the boy, bail was set at a whopping $500,000. The boy’s lawyer claims that the boy is being charged and punished simply because of who he is related to, not because of the actual crime. Students and parents at the school do find the boy’s actions suspicious. They aren’t sure he would do the same thing as his brother, but then again, parents have accused the school of not seeing the red flags that his older brother had when he was a student there. In their minds, it’s better to be safe than sorry. Florida’s Trespassing Laws Under Florida Statutes Section 810.09, trespassing on a property other than a structure or conveyance is punishable by a first degree misdemeanor. This crime is punishable by one year in jail and a $1,000 fine. Depending on the circumstances, probation or other forms of punishment may be handed down instead. Trespassing may include any of the following: Entering a person’s property to interfere with business Living in someone else’s house without their permission Refusing to leave someone’s else property after the owner has asked you to leave Refusing to leave a place of business or other public building while it is closed to the public and an employee has asked you to leave Let Our Orlando, Florida Criminal Defense Attorneys Help You It appears that in this case, the boy was targeted simply because he is the brother of a mass murderer. This does not make a family member a mass murderer as well. His trespassing crime should not have been charged so harshly as it was. If your teen has been charged with a criminal offense, it’s important to take swift action. Contact the aggressive Orlando criminal defense lawyers at Moses & Rooth. We will make sure your teen understands his or her legal rights and get the charges reduced or dropped altogether. We are available 24/7. To schedule your free consultation, give us a call at (407) 377-0150 or contact us online today.

Mar 6, 2018 | By Jay Rooth | Read Time: 2 minutes | Criminal Defense

Orlando Ranked One of the Top Murder Capitals in America

Although violent crime has seen a decrease nationally, at least according to the most recent statistics from the Federal Bureau of Investigation, murder remains a major problem. Indeed, the FBI said reports of murder and “non-negligent manslaughter” increased 1.5 percent from the first six months of 2016 to the same time period in 2017. Pulse Nightclub Attack Causes Orlando Murder Rate to Soar Crime statistics are always subject to anomalies. That is the case here in Orlando, where news headlines recently touted the city was now “ranked among top murder capitals in America.” But when you dig a bit deeper, that headline is somewhat misleading. What happened was this. NeighborhoodScout, an online analytics database, recently published an article counting down the “top 30 cities in the U.S. with the highest murder rates.” The murder rate is essentially the number of murders committed per 1,000 residents. NeighborhoodScout examined FBI figures for cities with at least 25,000 people in compiling its top-30 ranking. Orlando came in at number 20. The city reported 84 murders within a population of about 277,000, for a murder rate of 0.30. This was six times the national murder rate of 0.05. Orlando also exceeded the national averages for other violent crimes, including rape, robbery, and assault. Now there is an important caveat to all this. The 84 murders cited by the NeighborhoodScout rankings were reported during 2016, the last full year for which reliable crime statistics are available. As everyone who lives in and around Orlando remembers, in June 2016 there was a mass shooting at the nightclub Pulse, which accounted for 49 of those 84 murders. Obviously, this was an anomalous event that exaggerated Orlando’s normal murder rate. In fact, the Orlando Police Department reported far fewer homicides in 2017 than 2016, according to a January report in the Orlando Sentinel. OPD only had 25 active murder cases last year, of which 21 were solved. These 2017 murders included one other mass shooting, the killing of five people at a business on Forsyth Road. It should also be noted that one other Florida city made the NeighborhoodScout top 30 list. Lake Worth, a city in Palm Beach County, with approximately 34,000 residents, was actually the 30th and final municipality to make the ranking. With just 10 murders in 2016, that was enough to give Lake Worth a murder rate of 0.26. Protecting Your Right to a Vigorous Criminal Defense Regardless of how you look at the numbers, even one murder is one too many. Unfortunately, media reporting of crime statistics often drives a frenzied rush to judgment whenever a person is accused of murder. But even a person accused of this most heinous of violent crimes still has constitutional rights. Remember, an accusation is not a conviction, and if you find yourself accused of murder, you have the right to mount a vigorous defense. At the offices of Moses & Rooth, Attorneys at Law, we represent Orlando-area residents who are accused of all types of violent crimes, including murder, robbery, and assault. We fight to ensure that no person is sent to prison unless the prosecution proves its case beyond a reasonable doubt. Call us today at (407) 377-0150 if you have been charged with a crime and need immediate assistance.

Feb 21, 2018 | By Jay Rooth | Read Time: 2 minutes | Criminal Defense

How Much Marijuana Can I Possess Before it is Considered a Felony?

To many people, marijuana is considered a harmless drug. However, given that the laws vary from state to state, many would disagree. While it may seem as though marijuana is pretty much decriminalized in the United States, some states still have harsh penalties in place when it comes to possession of the drug. Florida, on the other hand, is one of the strictest states in the nation. It’s not lenient at all, even for first-time offenders. Medical marijuana was only just approved in the state, and it comes with numerous restrictions. For example, marijuana cannot be smoked, but it can be used in other forms. Possession of any amount can get you in trouble with the law. You could face a misdemeanor for having even the smallest amount on you, and it doesn’t take much to get a felony on your criminal record. Florida Marijuana Laws If you are caught in possession of 20 grams or less of marijuana, you will face misdemeanor charges. The penalties include a $1,000 fine and one year in jail. Keep in mind that 20 grams is a very small amount—just 0.705 ounces. And if you’re caught with any amount over 20 grams, the penalties get much stiffer, as you’ll be charged with a felony. If you are in possession of anywhere between 20 grams and 25 pounds of marijuana, the penalties include up to five years in prison and a $5,000 fine. If you are in possession of the drug within 1,000 feet of a school or park, it is also considered a felony, punishable by a $10,000 fine and 15 years in prison. If you are caught with 25-2,000 pounds of marijuana, this is a felony charge punishable by 3-15 years in prison and a $25,000 fine. If you have anywhere from 2,000-10,000 pounds of the drug in your possession, you will face 7-30 years in prison and a $50,000 fine. If you are in possession of 10,000 pounds or more, you will face a hefty fine of $200,000 as well as 15-30 years in prison. Possession of drug paraphernalia is classified as a misdemeanor, which carries a fine of $1,000 and up to one year in jail. In addition to the above penalties, any marijuana conviction can cause a person’s driver’s license to be suspended for one year. Contact an Orlando Marijuana Defense Attorney Marijuana possession can be a state and federal crime, depending on the circumstances. While possession of marijuana has been basically decriminalized in many states, it is still considered a federal crime. Drug laws can be confusing, especially when it comes to marijuana. Even the smallest amount can get you charged with a felony in Florida. Let the aggressive Orlando criminal defense attorneys at Moses & Rooth Attorneys at Law defend you against the drug charges you face, no matter how serious. We are available 24/7 to assist you, so give us a call today at (407) 377-0150 to schedule a free consultation.

Feb 13, 2018 | By Jay Rooth | Read Time: 2 minutes | Criminal Defense

What is Simple Battery in Florida?

Assault and battery are two crimes that are often related, but they are different. Assault involves the use of threats toward another person. No physical contact is involved. When a person touches another person without his or her consent, it becomes battery. Battery can range in severity from the first-degree misdemeanor to a first-degree felony. You may be forced to spend time in jail and pay hefty fines, depending on the circumstances of your case. Types of Battery in Florida Battery charges vary from state to state. Florida recognizes three types of battery: simple battery, aggravated battery and felony battery. Under Florida Statutes Section 784.03, battery occurs when a person touches or strikes another person without consent, or intentionally causes bodily harm to another person. Simple battery is the least serious form of battery. It involves offense touching o physical contact that has resulted in minor injuries. It is classified as a first degree misdemeanor, which is punishable by a $1,000 fine and up to one year in jail. Simple battery is the only form of battery that is charged as a misdemeanor. Felony battery occurs when you hit or strike someone and cause serious injury, or when you have previously been convicted of battery. It is a third degree felony, punishable by a $5,000 fine and up to five years in prison. Aggravated battery is the most serious form of battery, as it often involves serious injury with a deadly weapon. It is a second degree felony. Penalties include a $10,000 fine and up to 15 years in prison. Defenses to Battery If you have been accused of battery, there are several defenses you can possibly use. The most common one is self-defense. If another person hit you first, you can claim that you hit the person because he or she initiated the physical contact. You can also claim that you were defending another person or property. For example, if you assaulted a person who was trying to kill your dog or steal your car, you might get the charges dropped. If you accidentally hit the person—for example, you bumped into the person—you did not intend to harm the person and therefore you would not face charges. Another defense is that you were given consent to touch the person. For example, if your girlfriend gave you permission to kiss her, she cannot accuse you of battery. Contact an Orlando, Florida Criminal Defense Attorney While simple battery is only a misdemeanor, there are situations in which a battery charge can become a felony. A felony charge which comes with many consequences and could affect you for the rest of your life. That’s why you shouldn’t handle such a charge on your own. You need a solid defense to reduce your charges and penalties. The aggressive Orlando, Florida criminal defense attorneys at Moses & Rooth Attorneys at Law can provide solid criminal defense for those accused of simple battery and other crimes. Contact us today at (407) 377-0150 to schedule a free consultation. We are available 24/7 to assist you.

Jan 31, 2018 | By Jay Rooth | Read Time: 2 minutes | Criminal Defense

Fire Chief Being Charged With Trespassing While Duck Hunting

Hunting is a popular activity over the country, especially in Florida, where the weather is beautiful and animals abound. Just like any sport, though, there are rules that need to be followed. When certain rules are not followed—such as hunting on private property without permission—criminal charges may apply. A fire chief from Orlando is facing charges for hunting without authorization. The 46-year-old man, Danny Wilson, was linked to a group of people hunting with firearms and trespassing. The man was arrested on December 30, but the Florida Fish and Wildlife Conservation Commission was made aware of the incident on December 17. They came across an empty boat on Lake Florence. The driver of the boat—a 22-year-old Tallahassee man—told authorities that he and others in the group had camped out on public property the night before and that they did not jump the fence. Authorities followed a trail and found shotgun shells and hunting blinds. The fire chief and eight other people were seen inside a fenced-in cattle ranch in a photo posted on Instagram.The group had used a hunting app called onX Hunting to look for areas to hunt. The property owner, however, said nobody was allowed to hunt on the property. Wilson reported his arrest to the Orlando Fire Department. He is now performing administrative duties while the incident is being investigated. Wilson has faced disciplinary action before. Last summer, he was caught promoting a fishing business on YouTube while using a fire department vehicle. He was suspended without pay for 72 hours and was asked to take down the video, which he did. Florida Trespassing Laws Under Florida Statutes Section 810.08, a trespasser refers to someone who willing enters a structure or property without being invited or authorized to do so, is asked to leave and refuses to do so. This is a second degree misdemeanor, punishable by 60 days in jail and a $500 fine. If a person is on the property or inside the structure at the time the trespassing occurs, the charge is elevated to a first degree misdemeanor, which could mean a fine of $1,000 and one year in jail. When a person is caught trespassing and is armed with a firearm or other dangerous weapon, the charge is elevated to a third degree felony. The punishment for this crime is a $5,000 fine, as well as five years in prison and another five years on probation. Considering that the fire chief was hunting on the property with firearms, he could potentially face felony charges. Contact an Orlando Criminal Defense Attorney for Help Property owners do not want people on their land without permission. When a person enters another person’s property without permission—especially for the purpose of hunting—he or she can face criminal charges. Don’t handle your charges on your own. The aggressive Orlando criminal defense attorneys at Moses & Rooth Attorneys at Law can provide solid criminal defense for those accused of trespassing and other crimes.We are available 24/7 to assist you with your case. Contact us today at (407) 377-0150 to schedule a free consultation.