Trespassing On School Property With A Weapon

Trespassing at school with a weapon

Violence in schools is at an all-time high. It seems we can’t go more than a few weeks without learning about a school shooting or other acts of violence occurring where students are in class. An important part of protecting our students against such violence is keeping weapons off school property. Therefore, when an individual is caught trespassing on school property with a weapon, Florida law dictates that they can face serious charges.

If you or someone you know has been charged with trespassing with a weapon on school property, it’s important to find a trustworthy criminal defense attorney as soon as possible. In Orlando, the attorneys at The Umansky Law Firm are eager to defend your trespassing with a weapon case and win you the second chance you deserve.

Understanding Trespassing On School Property

Trespassing on school property with a weapon is defined in Florida Statute 810.095. According to the statute, a person can be charged with trespassing any time they’re caught on school property and:

  • Did not have a legitimate reason to be there
  • Were previously asked to leave the premises
  • Were suspended or expelled (students) at the time they were found on school property

Such offenses can be made even worse if the individual is discovered with a firearm or other weapon in their possession. Weapons covered under this law include:

  • Firearms
  • Billie clubs
  • Knives
  • Metal knuckles
  • Slingshots
  • Pocket knife
  • Plastic knife
  • and more.

Can They Search Me For a Weapon on School Property?

One of the most common questions regarding trespassing with a weapon on school property is how the weapon was found. Any time a person is on school property, the administration has the right to search them if they see fit. Most of the time that happens when students report suspicious activity or security staff will witness suspicious activity while monitoring security cameras. Even if no suspicious activity got reported, however, the administration still reserves the right to search anyone to protect the students and staff in attendance. 

What Are Florida’s Penalties for School Trespassing With a Weapon?

In Florida, trespassing with a weapon on school property is considered a third-degree felony. Such charges are punishable by up to $5,000 in fines and up to 5 years in prison. Any time a person is arrested more than once for this same charge or is facing multiple charges, the penalties become more severe. The best course of action for anyone facing trespassing with a weapon on school property charges is to seek the advice of a trusted attorney. 

What Are Viable Defenses for Trespassing With a Weapon on School Property?

Any time a person is charged with a weapons crime, it’s challenging to create a viable defense strategy. At The Umansky Law Firm, however, we take our time and get to know every case while compiling the evidence needed to create a defense that will stand up in court. Some of the most popular and effective defense strategies used for trespassing with a weapon on school property include:

  • Not being on clearly defined school property
  • Unlawful search and seizure
  • Not being clearly warned to leave school property

The presence of a weapon makes these defense strategies more complicated. It’s important to work alongside your criminal defense attorney and give them the information they need to win your case.

The Trusted Attorneys of The Umansky Law Firm

In Orlando, the most trusted criminal defense attorneys are the lawyers at The Umansky Law Firm. With more than 100 years of combined experience, they understand what it takes to create a viable defense strategy and have successfully defended countless cases across Central Florida. 

Don’t let a single mistake determine your future. To speak with an attorney and schedule a free consultation, call The Umansky Law Firm at 407-228-3838 or contact us online today.