Improper Exhibition
In Florida, the Improper Exhibition of a Weapon or Firearm is a criminal offense outlined under Florida Statute 790.10. This law pertains to anyone who carries a weapon—such as a sword, knife, firearm, or other deadly weapon—and exhibits it in a rude, careless, angry, or threatening manner, not necessary for self-defense, in the presence of one or more people. Such behavior is treated as a first-degree misdemeanor under Florida law. The penalties for a conviction can be serious and include up to one year in jail, up to one year of probation, and a fine up to $1,000.
An important element of this offense is the nature of the exhibition – it must be done in a “rude, careless, angry, or threatening” manner. Simply carrying or showing a weapon does not necessarily qualify as an improper exhibition. If the weapon is used in a way that causes fear or danger to others, that’s when the line is crossed.
Facing charges of Improper Exhibition of a Weapon or Firearm can significantly impact one’s life, with potential criminal penalties and long-lasting social stigma. If you’re accused of this crime, it’s crucial to secure the services of a skilled criminal defense attorney who can appropriately formulate your arguments and defenses against this allegation. An understanding of the nuances of the law can provide valuable insights and strategies to effectively defend your rights. Call this firm today, where our dedicated attorneys are here to guide you through the legal process, explain your rights, and fight vigorously to safeguard your future.
Unlawful Discharge
The state of Florida, under statute 790.15, regulates the unlawful discharge of firearms or other weapons in public or on residential property. This statute prohibits individuals from knowingly discharging a firearm in any public place, on the right-of-way of any paved public road, highway, or street, over any occupied premises, or recklessly or negligently discharging a firearm outdoors on any property used as a dwelling (or zoned as such) that’s occupied by one or more people.
This means that, whether intentionally or negligently, if you fire a weapon in a public space or towards a residential property, you could be found in violation of this statute. The law applies to all types of firearms, including handguns, rifles, and shotguns.
Unlawful discharge of a firearm is typically classified as a first-degree misdemeanor in Florida. If convicted, potential penalties could include up to a year in jail, up to a year of probation, and fines of up to $1,000. However, if someone is injured or killed as a result of the discharge, other more severe charges could be applied, such as aggravated assault or manslaughter.
Discharging a firearm or weapon in public or on residential property is taken very seriously in Florida. If you’re facing charges under this statute, it’s important to seek legal counsel immediately. An experienced criminal defense attorney can help you understand the charges and potential defenses, and guide you through the legal process. Natalie Lopez Attorney at Law, P.A., is here to advocate for matters regarding the Second Amendment.
Unlawful Possession
Under Florida law, specifically statute 790.23, it is a criminal offense for a convicted felon to possess a firearm, electric weapon or device, ammunition, or a concealed weapon. A person is considered a felon under Florida law if they have been convicted of a felony in the state of Florida, another state, or even under federal law. The prohibition also extends to those convicted of certain juvenile offenses.
In most cases, this offense is classified as a second-degree felony. This means if you’re convicted, you could face up to 15 years in prison, up to 15 years of probation, and a fine of up to $10,000. However, if you are categorized as a violent career criminal, habitual felony offender, or other elevated status, the penalties can be significantly more severe. The law is especially rigorous in Florida, and the circumstances around possession can be broad. Unlawful possession could include actual physical possession of the weapon, but also “constructive possession” – meaning that the weapon was in a place over which the felon had control, or where the felon had concealed it. You need an attorney who is familiar with navigating the challenging road ahead among this allegation.
If you’re facing charges of unlawful possession of a weapon by a felon, it’s highly recommended that you consult with an experienced criminal defense attorney. You are facing serious consequences that carry heavy penalties. Having professional legal representation can make a significant difference in your case. Contact Natalie Lopez Attorney at Law, P.A., today for a confidential case evaluation.
Dealer Selling
Florida Statute 790.29 regulates the illegal manufacture, sale, and delivery of firearms within the state. The statute makes it unlawful for any person to manufacture, sell, offer to sell, deliver, or possess with the intent to sell or deliver, firearms or parts of firearms, without first obtaining the necessary licenses or permits.
Under this law, a firearm is broadly defined and includes not only working firearms but also any part of a firearm that could be assembled to create a functioning firearm. This broad definition underscores the intent of the law, which is to regulate the creation, sale, and distribution of firearms in an effort to keep illegal firearms off the streets.
The penalties for violating this statute depend on the specific circumstances of the case. Generally, unlawful dealing in firearms is classified as a third-degree felony. The potential penalties for a third-degree felony in Florida include up to 5 years in prison, up to 5 years of probation, and fines of up to $5,000. However, the penalties can be more severe if the person involved has a prior criminal record, especially one involving weapons. And, if the illegal firearm is used in the commission of another crime, additional charges could be levied, leading to even harsher penalties.
Given the seriousness of this offense and the potential penalties, it’s important to consult with a knowledgeable criminal defense attorney if you’re facing charges for unlawful dealing in firearms. Our team at Natalie Lopez Attorney at Law, P.A. has a proven track record of success in defending clients. We will meticulously analyze the details of your case, identify any constitutional violations or procedural errors, and craft a strong defense strategy tailored to your unique situation. Our goal is to protect your rights, minimize the potential consequences, and seek the best possible outcome for your case.
Unlawful Alterations
Florida criminal law covers several forms of illicit activities related to firearms, with one of the notable ones being the alteration of firearms. This broadly includes unauthorized modifications or enhancements to firearms, such as attaching unauthorized accessories, or modifying the firearm to change its classification or enhance its firepower beyond legal limits. But a particularly serious offense in this category is the intentional alteration or obliteration of a firearm’s serial number.
As per Florida Statute 790.27, it is unlawful to knowingly alter, remove, or obliterate the serial number or other marks of identification on any firearm. Serial numbers are crucial as they enable law enforcement to trace firearms, thereby helping to solve crimes and prevent illegal gun trafficking. Altering a serial number is usually seen as an attempt to conceal a weapon’s origin or to prevent it from being traced, which intensifies the severity of the offense. It’s important to note that it’s not only illegal to alter the serial number, but also unlawful to possess, sell, deliver, or have under one’s control any firearm with an altered or obliterated serial number. Violations of this statute are considered third-degree felonies in Florida, which are punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Given the seriousness of this offense and the potential penalties, it’s important to consult with a knowledgeable criminal defense attorney if you’re facing charges for unlawful dealing in firearms. Our team at Natalie Lopez Attorney at Law, P.A. has a proven track record of success in defending clients. We will meticulously analyze the details of your case, identify any constitutional violations or procedural errors, and craft a strong defense strategy tailored to your unique situation. Our goal is to protect your rights, minimize the potential consequences, and seek the best possible outcome for your case.
