Discharging Firearm in Public Defense

If You Are Charged with Discharging a Firearm in Public Call Us Right Away, Even If You Have Not Yet Been Arrested.

The Charge of Discharging a Firearm in Public In Florida

Any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree . . .

Elements of Discharging a Firearm in Public in Florida

In order to achieve a conviction for Discharging a Firearm in Public the State Prosecutor must establish any one of the following elements beyond a reasonable doubt:

  • The defendant knowingly discharged a firearm in a public place; or
  • The defendant knowingly discharged a firearm on the right of way of a paved road, highway, or street; or
  • The defendant knowingly discharged a firearm over the right of way of a public road, the right of way of a highway, the right of way of a street, or over occupied premises.

What is a “Pubic Place” in Florida?

A public place is any place intended or designed to be frequented by the public.

What is “Knowingly” in Florida?

The term “knowingly” is defined as an act committed with full knowledge and intent.

What is a “Firearm” in Florida?

Firearm means any weapon which may readily be converted to expel a projectile by the action of an explosive.  This may include starter guns and flare guns. “Firearm” does not include antique firearms unless the antique firearm is used in the commission of a crime.”

Penalties for Discharging a Firearm in Public in Florida

Discharge of a Firearm in Public is a first degree misdemeanor, with penalties of up to one year in jail or twelve (12) months of probation, and a $1,000 fine.

Discharging Firearms in Public carries serious penalties and will be aggressively prosecuted by the State. Prosecutors will generally pursue an adjudication of guilt for even first-time offenders. If convicted you will be facing a permanent criminal record for a weapon-related offense.

 

Early Negotiation is Critical in a Possession of Weapon Defense in Florida

Early contact in the criminal process communicates competence, resolve and establishes a rapport that may be needed during future negotiations.

Call us even before you are charged if possible.  We may be able to avoid charges being filed.

We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.

We also happen to be Florida criminal law attorneys.

We are Miami Dade, Broward and Palm Beach criminal defense lawyers.  We represent clients charged with carrying a concealed weapon, carrying a concealed firearm, improper exhibition of a firearm or weapon, discharging a firearm in public and shooting or throwing deadly missiles charges.

We represent clients charged with Discharge of a Firearm in Public in Broward County, Miami Dade County and Palm Beach County.

We can help you.

Our Florida criminal lawyers serve clients charged with Discharge of a Firearm in Public in Florida in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.

We handle criminal law cases and Discharge of a Firearm in Public defense cases in Palm Beach, Broward, Miami Dade County and throughout Florida.

Call us.

We want to hear your story, and share ours.

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