Trespass on School Grounds or a College Campus in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Charges and the Penalties

• Trespass on school grounds or facilities. Entering or staying on the campus or another facility of a school (kindergarten through high school, public or private) without legitimate business or other authorization, or while a student under suspension or expulsion. Second-degree misdemeanor: up to 60 days in jail and a $500 fine.
• Trespass after warning. Entering or staying after the principal or the principal's designee told you to leave or not to come onto the campus or facility. First-degree misdemeanor: up to 1 year and a $1,000 fine.
• School buses. Since July 1, 2025, school buses count as part of the school. A clearly posted sign, or a verbal warning from the bus driver, the principal, a school district employee, or police, saying that boarding or staying on the bus without permission is prohibited, is enough notice. The published jury instructions were written before this change and do not mention school buses.
• Trespass on school property with a firearm or weapon. Bringing or possessing a weapon or firearm while trespassing on school property, which here also includes career centers and colleges. Third-degree felony: up to 5 years and a $5,000 fine.
• Trespass on a university or college campus to threaten or intimidate. Willfully entering the campus of a state university or Florida College System institution without authorization, for the purpose of threatening or intimidating someone, and refusing to leave after the school warns you to go. First-degree misdemeanor.

What the State Must Prove

In summary, from the official jury instructions:

• 13.5(a), school grounds: you entered or stayed on campus or a school facility with no legitimate business or authorization, or while suspended or expelled. See the elements.
• 13.5(b), after warning: the person who warned you was the principal or the principal's designee, the place was a school, you were told to leave or not enter, and you entered or stayed afterward. See the elements.
• 13.5, with a firearm or weapon: a trespass on school property, plus bringing or having a firearm or weapon there. See the elements.
• 13.5(c), university or college campus: willful entry, a purpose to threaten or intimidate, no authorization, and a warning to leave that you refused. See the elements.

How We Defend School Trespass Charges

• Did you have a legitimate reason to be there? Picking up a child, a meeting, a public event, or staff permission.
• Who gave the warning, and what was said? The after-warning charge requires a direction from the principal or a designee. (On a school bus, a posted sign or a warning from the driver, district staff, or police can also count as notice.)
• Intent. The university charge requires a purpose to threaten or intimidate.
• The weapon count requires a trespass first: no legitimate business or permission, staying after the principal or a designee told you to leave, or being on campus while suspended or expelled. Lawful presence defeats it.
• Teen clients: see Juvenile Crimes.

What to Do First

1. Do not go back to the school until a lawyer reviews any warning or ban.
2. Write down who told you to leave, when, and their exact words.
3. Call us before talking to school police or administrators.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged for picking up my own child?

Not for being there with legitimate business. The after-warning charge applies when the principal or a designee told you to leave or not to enter, and you came back anyway.

Is school trespass a felony?

Usually not. It is a misdemeanor unless the trespasser brings or has a firearm or weapon on school property, which is a third-degree felony.

I'm a suspended student. Can I go to a school game?

Entering or staying on campus while under suspension or expulsion is listed in the statute as a trespass.