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Possession of a Weapon on School Grounds

It is a 3rd degree felony to be in possession of a weapon on school grounds.

Specifically, Florida Statute 790.115(2) provides that, "a person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop."
However, a recent case out of the 4th District Court of Appeal, which covers Broward County, ruled that a common pocketknife (which has a blade less than 4 inches long) does not qualify as a weapon for purposes of this charge.
The case,R.H. v. State, holds that being in possession of a pocketknife on school property is not a crime.
Unfortunately, many young people get arrested because they are in possession of a pocketknife on school property. If somebody is under 18 and they are arrested for this felony charge, they will be charged as a juvenile and will be sent to juvenile court.
However, if you retain a criminal defense attorney, the charges could be thrown out if the attorney can demonstrate that the blade was less than 4 inches long.
Felonies are serious. You don't want to have a felony on your record as a juvenile. It may preclude a young person from getting a job or getting into college.
I have handled many juvenile matters in Miami-Dade and Broward.
Call me today if you or your child are facing juvenile criminal charges.