Improper Exhibition of a Firearm Defense
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If you are charged with improper exhibition of a firearm in Florida call us immediately.
Improper Exhibition of a Firearm in Florida
Improper exhibition of a firearm or other weapon occurs when any person possessing or carrying any dagger, sword, sword cane, firearm, electric weapon, or other weapon exhibits the weapon to another in a rude, careless, angry, or threatening manner, and not in necessary self-defense.
Elements of Improper Exhibition of a Firearm in Florida
The Florida State Prosecutor must establish three elements beyond a reasonable doubt to convict a person of the crime of improper exhibition of a firearm or weapon in Florida:
- Defendant had or carried a “weapon.”
- Defendant exhibited the alleged weapon in a rude, careless, angry, or threatening manner.
- Defendant did so in the presence of one or more people.
What is a “Firearm or Weapon”?
The instrument used by the accused must qualify as a firearm or other listed weapon under the Florida statute. Florida Courts have defined “dangerous weapon” as an instrument which will likely cause death or great bodily harm when used in the ordinary manner contemplated by its design. 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.
Penalties for Improper Exhibition
Improper exhibition of a firearm or weapon is a first degree misdemeanor which carries a penalty of up to one (1) year in jail or twelve (12) months of probation, and a $1,000 fine. Improper exhibition of a firearm or weapon is often included as a lesser included offense in aggravated assault cases.
Defenses to Improper Exhibition
Common defenses used to contest a charge of improperly exhibiting a firearm or weapon include: defense, defense of others, defense of property, instrument does not qualify as a weapon, exhibition was insufficient, and absence of intent to exhibit.
Early Negotiation is Critical in an Improper Exhibition of a Firearm or Other 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 work with the prosecutor to avoid charges being filed against you.
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 improper exhibition of a firearm or other weapon in Broward County, Miami Dade County, and Palm Beach County.
We can help you.
Our Florida criminal lawyers serve clients charged with improper exhibition of a firearm or other weapon in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and improper exhibition of a firearm or other weapon defense cases in Palm Beach, Broward, Miami Dade County and throughout Florida.
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