Trespass on School Grounds in Florida
The crime of Trespass on School Grounds is a Second Degree Misdemeanor.
Under Florida Statute 810.097, the crime of Trespass on School Grounds is committed when a person:
- enters, or remains on, a school campus or school owned facility and:
- does not have legitimate business on the campus or any authorization, license, or invitation to be on the school property; or
- 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 a Level 3 Offense under Florida’s Criminal Punishment Code.
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 Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.