Trespass on School Grounds in Florida
Florida Statute §810.097, states that a person is said to be guilty of Trespassing on School Ground if:
He or she enters on school-owned facilities or campus and:
Is a school student who has been expelled or is facing suspension; or
Doesn't have any legitimate purpose to remain on the school campus or the invitation, license, or authorization to remain on school property
This offense is a misdemeanor of the second degree within the state of Florida. However, it may be raised to a Felony of the Third Degree in case the accused has been found with a deadly weapon or firearm. The court may impose any of these following penalties in any combination:
Fine not exceeding $500
Probation period not exceeding 6 months
Imprisonment period not exceeding 6 months
If the Accused Is Found Guilty of Armed Trespassing on School Grounds
The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment period not exceeding 5 years
Applicable Specific Defenses
Apart from trial defenses and pretrial defenses, which may be raised during a criminal case, there are some defenses that are specific to this charge:
Lack of Reasonable Intent
In order to successfully convict a person under this crime, the prosecution must show that he/she had the intention of unlawfully trespassing on the premises of the school.
However, if the student or person is able to prove that they were acting under the belief that entry was permissible, the charge will be thrown out because the prosecution cannot prove that this trespass took place willfully.
Contact Criminal Defense Lawyer Larry Avallone
If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My consultation is free. I am ready to provide legal advice regarding the next steps in your case.