Trespass on School Grounds in Florida

If accused of Trespass on School Grounds in Florida, you need to know the:

Definition of Trespass on School Grounds

The crime of Trespass on School Grounds is defined as:

  • Entering or remaining upon a school campus or school owned facility when the accused either:
    1. Does not have legitimate business on the campus or any authorization, license, or invitation to be on the school property; or
    2. Is a student currently under suspension or expulsion.

Penalties for Trespass on School Grounds

The crime of Trespass on School Grounds is a Second Degree Misdemeanor in Florida, but is enhanced to a Third Degree Felony if the accused is armed with a firearm or deadly weapon.

If convicted of Trespass on School Grounds, a judge can impose any combination of the following penalties:

  • Up to sixty (60) days in jail.
  • Up to six (6) months of probation.
  • Up to $500 in fines.

Armed Trespass on School Grounds

The crime of Armed Trespass on School Grounds is a Third Degree Felony and is classified as a Level 3 Offense under Florida's Criminal Punishment Code.

A person is considered armed if they are in possession of a firearm or other dangerous weapon when the trespass occurs.

If convicted of Armed Trespass on School Grounds, a judge can impose any combination of the following penalties:

  • Up to five (5) years in jail.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Defenses to Trespass on School Grounds

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass on School Grounds include:

Lack of Intent

One of the elements necessary to support a conviction for Trespass on School Grounds is the intent to unlawfully trespass on the school grounds.

But if a person or student can show they thought entry onto the property was permissible, a conviction for Trespass on School Grounds will not stand because the trespass cannot be considered to have been done willfully.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Trespass on Property in Orlando or the Central Florida area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.