Florida has issued the most concealed weapons permits of any state, with 1.3 million people in 2015 granted permission to lawfully possess a firearm on or about their person in public. Many more have out-of-state permits that are recognized here as well.
State rules about when, where and how a gun can be used are strict. Among these rules is the prohibition against Discharge of a Firearm in Public. Violation could be either a misdemeanor or a felony, depending on the circumstances.
At The Ansara Law Firm, Fort Lauderdale criminal defense attorneys work on behalf of our clients to fight such charges. Penalties can range from a maximum one year in jail (for a first-degree misdemeanor) to 5 years in prison (for a third-degree felony).
Our team will work to analyze the totality of the circumstances, uncover evidence in your favor and work to have the evidence against you blocked or mitigated. No criminal defense attorney can promise a specific outcome in a case. However, we can point you to our record of success.
Through meticulous research and zealous representation, our legal team has achieved positive outcomes for clients in similar circumstances. We are committed to doing so for you.
It’s important to us that potential clients fully understand the charges against them. This helps to appreciate the seriousness of the case and also to choose the right attorney.Defining Discharge of a Firearm in Public
The crime of Discharging Firearms in Public is spelled on in F.S. 790.15 .
A person may be found guilty of this statute if he or she:
Violation of any of these provisions is a first-degree misdemeanor, which is punishably by up to one year in jail. In order to make their case, prosecutors must prove at least one of these elements beyond a reasonable doubt.
Breaking it down even further, it helps to understand what is meant by “Public Place,” “Knowingly” and “Firearm.”
The penalty for conviction of Discharging a Firearm in Public will depend on a number of factors, including whether the crime is charged as a misdemeanor or felony.
Generally, the offense is a first-degree misdemeanor, which means the maximum penalty is a $1,000 fine and up to a year in jail. It may also involve a year of probation. Unlike some other misdemeanors, prosecutors are not hesitant to seek adjudication of guilt, even when if it is an offender’s first time in trouble with the law. In the end, many of those convicted end up with a permanent criminal record.
That’s why we work hard to help our clients avoid conviction.
It’s especially important when the crime is being charged as a felony. Per F.S. 790.15(2) , the severity of the crime could be upped to a third-degree felony in some cases where the defendant is accused of firing the weapon from a motor vehicle. Maximum penalties for third-degree felony charges include up to five years in prison, up to five years of probation and a $5,000 fine.Defending Discharge of Firearms in Public
There are a number of effective defenses that could be raised in these circumstances. These might include assertion that:
If you have been accused of Discharge of a Firearm in Public, call us today to learn more about how we can help.
If you have been charged with a gun crime or weapons offense in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (877) 277-3780.