Improper Exhibition of a Firearm or Weapon
The United States of America is a truly unique place in the world. We have the highest rate of guns to citizens in the entire globe. The Constitution of the United States guarantees the rights of all individuals to bear arms within certain parameters. Thanks to the Second Amendment, any law-abiding citizen who has never been convicted of a felony, is in good mental health and is above the age of 18 can legally purchase and possess a handgun or long gun. Safety and legal problems arise when the firearm is used in a sense that puts people in danger of getting hurt or when it makes people feel as though danger is imminent. In the state of Florida, it is illegal to display a firearm or any other kind of deadly weapon in presence of another person in a manner that is threatening, careless, rude or angry. Guns are serious weapons that are not to be taken lightly. The Broward County criminal defense attorneys at The Ansara Law Firm have handled these types of cases in the past and have the experience to thoroughly examine the facts of the case to disprove any factors the State holds against the defendant. They possess a tremendous amount of power, and with great power comes great responsibility.
Even if a gun or weapon is not used to directly threaten somebody (which would be considered to be Aggravated Assault with a Deadly Weapon), simply displaying it in a reckless or menacing way could cause a reasonable person a great deal of distress. Somebody in the immediate area of the displayed weapon might believe that they could accidentally get shot or stabbed by the weapon because it is carelessly displayed or held, or if it was displayed in such a way that could be deemed as implicitly threatening. Pursuant to Florida Statute 790.10,
“If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”
To convict an individual of Improper Exhibition of a Firearm or Weapon in the state of Florida, the prosecution must prove three things beyond a reasonable doubt:
- The defendant had or carried a weapon;
- The defendant exhibited the alleged weapon in a careless, rude, angry, or threatening manner;
- The defendant did so in the presence of one or more individuals.
Improper Exhibition of a Firearm or Weapon is classified as a first-degree misdemeanor, punishable by up to one year in jail, up to one year of probation, and/or a fine of $1,000. Improper Exhibition of a Firearm or Weapon is distinguished from Aggravated Assault because Aggravated Assault is defined by a threat of violence being made to an individual using a firearm or any other kind of a deadly weapon. To be charged with Improper Exhibition of a Firearm or Weapon, a threat does not have to be made; merely leaving a gun out in view of other people in a careless fashion could be considered to be a violation of 790.10.
If you have been charged with Improper Exhibition of a Firearm or Weapon in South Florida, call The Ansara Law Firm to represent you in court. Improper Exhibition is a serious crime to be charged with, and our attorneys will fight tenaciously to reduce the charges and minimize penalties. The Constitution of the United States guarantees every person the right to be represented by an attorney in a court of law. Don’t take this right for granted, and protect yourself with quality legal representation by retaining The Ansara Law Firm.
If you or a loved one were recently charged with Improper Exhibition of a Firearm or Weapon, call The Ansara Law Firm at (945) 761-4011 immediately for quality legal representation in South Florida.