Trespassing on School Grounds

If you’ve got no business being on school property, you can be charged with “Trespass upon  grounds or facilities of a school,” according to Florida Statute 810.097. At the very least, it’s a  second-degree misdemeanor that can get you 60 days in jail and a fine of up to $500. If they  catch you on school grounds after being told to stay away, you can be charged with a first degree misdemeanor. That comes with a sentence of up to a year in jail and a fine of up to  $1,000. A conviction either way means a criminal record with lifelong consequences.  

The law is to protect children, but sometimes police wind up charging innocent people.  Harmless visitors, parents, protesters, and journalists can find themselves arrested and  charged unfairly. If you face criminal charges in Florida, the best bet is to talk with a criminal  defense attorney right away. Call 407-644-2466 to protect your rights and get a free  consultation with an experienced and aggressive defense lawyer at the Rivas Law Firm 

Florida School Trespassing Charges 

Under the statute, “school” is defined as “the grounds or any facility, including school buses,  of any kindergarten, elementary school, middle school, junior high school, or secondary  school, whether public or nonpublic.” Anyone who “does not have legitimate business” or  “authorization, license, or invitation to enter or remain upon school property; or is a student  currently under suspension or expulsion” may be deemed a trespasser. 

A student who returns to school property after being expelled – or while under suspension —  may be charged with second-degree misdemeanor trespassing. Anyone barred from school  property or ordered to leave can be charged with a first-degree misdemeanor if they ignore  the warnings and return. 

School Safety Zones 

In addition to prohibiting trespassing on school property, the law establishes a safety zone  around schools. According to Florida Statute 810.975, the no-trespass zone extends to any  area within 500 feet of school property for an hour before and until an hour after classes are  in session. While designed to protect students from child predators, it’s easy to see how an  innocent person may be charged with trespassing. A violation is a second-degree  misdemeanor. A repeat offense may be charged as a first-degree misdemeanor. 

Defense Against Florida Trespassing Charges 

If you face trespassing charges in Florida, a criminal defense attorney can fight the charges in several ways. As with any criminal prosecution, the police and the state’s attorney must  follow legal procedures and prove the charges. An experienced and determined defense  lawyer will thoroughly investigate to find weaknesses and missteps in the prosecution’s case.  Can the prosecutor prove to a jury, for instance, whether you were within a school boundary or safety zone? Can they prove that an authorized person gave you a clear warning or directive  to stay off the property? Perhaps you had a legitimate reason to be where you were.

If a prosecutor knows he has a legal battle on his hands, your lawyer may be able to get the  charges reduced or dismissed. Your best chance at avoiding a conviction and a criminal  record is with a tough and aggressive defense attorney fighting for your rights. Call 407-644-2466 and talk to the Orlando criminal defense lawyers at the Rivas Law Firm.


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