Ocean Ridge FL Discharging a Firearm in Public or on Residential Property DEFENSE ATTORNEYS
If you or a loved one has been charged with a weapons offense such as discharging a firearm in public, improper exhibition of a weapon, or open carrying of a weapon, in South Florida, Arnesen Law can help. Jay Arnesen is a retired police officer turned defense attorney who now dedicates his life to defending citizens charged with criminal offenses.
During his service in law enforcement, Mr. Arnesen received the same advanced weapons training provided to officials working for the FBI, DEA, and US Customs Bureau. Ultimately, he understands the law, as well as the complexities involved in weapons cases, and can fully evaluate your case to identify any potential violations of your constitutional rights.
With offices conveniently located in Boca Raton and Fort Lauderdale, Mr. Arnesen appears in courts throughout South Florida on a daily basis. Contact his offices anytime at 561-419-9630 for a free consultation and find the help you need to the fight the State’s weapons case against you.
“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq., Criminal Defense Attorney
Discharging a Firearm in Public or on Residential Property – Florida Statutes Section 790.15
Discharging a firearm in a public place or on residential property is a serious crime in Florida. In fact, the law regarding these offenses, found in Chapter 790, Section 15 of the Florida Statutes, allows the State to charge a person with a misdemeanor or even a felony depending on the given circumstances. The critical factor that determines if a person is charged with a misdemeanor or a felony for discharging a firearm is their specific location when the alleged offense occurred.
For instance, an individual accused of discharging a firearm when standing on the street can be charged with a misdemeanor, while a person who allegedly discharged a firearm while in a vehicle can be charged with a second degree felony. On the other hand, it is not considered a crime to discharge a firearm if defending oneself or while within an area deemed appropriate for hunting.
The complete text of Section 790.15 sets forth:
(1) Except as provided in subsection (2) or subsection (3), 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, punishable as provided in s. 775.082 or s. 775.083.
*This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Discharging a Firearm in Public or on Residential Property – Potential Penalties
Second Degree Felony Discharging a Firearm: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000
Third Degree Felony Discharging a Firearm: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000
First Degree Misdemeanor Discharging a Firearm: maximum term of 1 year in the county jail and fines not to exceed $1,000
Contact Delray Beach FL Discharging a Firearm in Public or on Residential Property Defense Lawyer Jay Arnesen for Immediate Assistance
Attorney Jay Arnesen is well-versed in Florida’s laws regarding weaponry and has the experience necessary to fight for your rights if you have been charged with discharging a firearm in public or on residential property in South Florida. Contact his Boca Raton or Ft. Lauderdale offices anytime at 561-419-9630 for a free consultation about your weapons case.