Trespassing on School Grounds with a Weapon

Trespassing on school grounds generally is charged as a misdemeanor resulting in a fine or  sometimes a jail sentence. But trespassing while carrying a weapon on school grounds is a  much more severe charge. According to Florida Trespassing Statute 810.95, entering school  property with a firearm or any other kind of weapon is a felony that can land you in prison.  

The right attorney may be able to get the charges reduced or even dismissed. It’s best to talk  to an attorney as soon as possible to reduce your chances of winding up with a criminal  record. Call 407-644-2466 for a free consultation with an Orlando criminal defense lawyer at the Rivas Law Firm. 

What Happens if you Trespass on School Property with a Weapon? 

Being on school property without a legitimate reason or after being told to leave is  trespassing. And if caught on school property with a gun, knife, or any other weapon, you may  be charged with Trespass on school property with firearm or other weapon. It’s a third-degree  felony. A conviction can mean a sentence of up to five years in prison, probation, and a $5,000 fine.  

You do not have to be trespassing to violate the law against possessing a weapon on school  property. Under Florida Statute 790.115, “possessing or discharging weapons or firearms at a  school-sponsored event or on school property” is also a third-degree felony. Under the zero tolerance provisions of Florida Statute 1006.13, any student possessing a firearm at school or bringing a firearm or weapon to any school function, or onto any school-sponsored  transportation is to be expelled for at least one year and will face criminal charges. 

Defense Against Trespass with a Weapon on School Property 

A skilled and aggressive criminal defense attorney will investigate every aspect of your case  to get the best possible outcome. He will challenge the prosecutor at every turn and fight for  your right to due process. For example, police and prosecutors must follow the rules of  procedure on evidence collection and witness statements. If the state has failed in any of  these steps, your lawyer may be able to get the charges dismissed. 

The prosecution must prove its case to a jury beyond a reasonable doubt to get a conviction.  There may be questions as to whether you were actually on school grounds. It may be a case  of mistaken identity. Was a weapon actually in your possession? A good lawyer will make a  prosecutor know that he has a fight on his hands.  

State attorneys often work with heavy caseloads, and they want you to plead guilty because  it’s best for them. An experienced and determined defense lawyer works to get what’s best for you. If you face criminal charges in Florida, contact the Orlando criminal defense team at the  Rivas Law Firm. The consultation is free. Call 407-644-2466 to talk over your situation.


Table of Contents