Statute of limitations for trespassing in Florida?

Answer 1

This is a difficult question to answer without knowing more details about the crime in question, or at least the alleged infraction, if indeed there is one. I can give you a general answer, but it is going to vary because states have seen it as their business to alter constitutional laws to better outfit state crimes, making state sovereignty the issue more than that of constitutionality. That is an entire issue unto itself.

Burglary can be modified by degrees and by severity. Generally, burglary is a Class D Felony. However, that can be modified to fit the alleged crime in question. For instance, a person could burglarize and be guilty of a Class D Felony, but during the commission of the crime, a person could have hurt someone, damaged public property, committed another crime in concert with the burglary, or have a bad record. This can add what is called an element of "degree" to the burglary charge. So one could face a charge of a Class D Felony labeled as burglary in the third degree, because one put others in harm's way when one committed the act; others fell victim to the crime because it affected others outside the actual burglary itself.

In some cases, the burglary charge can have an element of degree attached to it along with a modified charge of burglary. For instance, one could be charged with aggravated burglary in the second degree, a much more serious charge than flat burglary. Unfortunately, it is hard to answer with specificity unless the whole list of charges is disclosed, and in Florida, believe it or not, prosecution charges do vary from county to county. For instance, burglary in Tampa is dealt with differently than burglary in Jacksonville.

A general answer that should be fairly grounded to go with is anywhere from three to five years. Statutes of limitations often coincide with the crime itself, in reference to general convictions that are handed out for a specific crime. Again, that is not always the case. Most felonies carry a three to five year statute of limitation. Most misdemeanors carry less than two depending on what the charge is. Again, this is just an estimate. Many factors affect statutes of limitations. Motions can be brought before a court to prolong statute limitations if there is an active investigation on a crime or a chance that new evidence may emerge (in good faith) over the course of time. Count on a minimum of three years but likely expect more.

I wish there was a more succinct answer to the question, but this is America and laws change every day along with savvy lawyers and their capricious motions to change them for the sake of a particular case. As always, I recommend that you consult with an attorney that is local and knows state laws for the state in which he or she is licensed to practice law.

Answer 2

The statute of limitations can vary by jurisdiction. Typically felony crimes like burglary have longer periods of time before the charges are barred. Some states do not have a statute of limitations on felonies. Check the specific state or country to see what they say.

Answer 3

Florida's criminal statute of limitations is based on the seriousness of the crime charged. Felonies that result in death or is a Capitol or life felony has no limit. The other felonies could be 2, 3 or 5 years depending on the specific charge. And if the victim is a minor it starts to run at 16. First degree misdemeanors are set as 2 years old with 1 year for others. Absence from the state can toll the statute for up to three years.

Answer 4

7 Years

Added: However if you are absent from the state, the SOL stops running and goes into suspension until it is known (or can be proven) that you have returned to Florida.

Answer 5

The Statute of Limitations for bringing an action for trespass on real property is four (4) years, pursuant to section 95.11(3)(g), Florida Statutes.

Answer 6

Its four years from the day the incident was reported.

Answer 7

Statutes of limitation vary by state.