In other jurisdictions, improper exhibition of a firearm is often called brandishing a weapon. Brandish means to wave or display an object usually in a threatening manner. It is an offense under Florida law to display a dangerous weapon in an angry or careless manner.
Melbourne Improper Exhibition of a Firearm Charge Lawyer
If you are charged with an improper exhibition of a firearm offense, you need to contact an experienced Melbourne criminal defense attorney right away. It is possible to get an improper exhibition of a firearm charge reduced or dismissed if you take prompt action.
At Germain Legal, we handle a variety of weapons charges.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Florida’s Improper Exhibition of a Firearm Statute
The purpose of this statute is to encourage safe handling of firearms. The state does not want people to carelessly handle firearms due to the possibility of causing serious bodily injury to innocent bystanders. There are well-documented cases of guns being accidently discharged when used in a safe manner so the likelihood of accidental discharge increases if the guns are operated in an unsafe manner.
In the Florida Criminal Code §790.10, improper exhibition of a firearm is defined as an individual having or carrying the following weapons in an unsafe manner:
- Dirk
- Sword
- Sword can
- Firearm
- Electric weapon
- Electric device
- Other weapon
An individual is considered to carry the firearm in an unsafe manner if they carry it in the following ways:
- Rude
- Careless
- Angry
- Threatening manner
The individual must carry the weapon in an unsafe manner in the presence of one or more persons in order to be convicted of improper exhibition of a firearm.
Penalties for Improper Exhibition of a Firearm
It is a first-degree misdemeanor offense punishable by a maximum prison term of 1 year and a maximum fine of up to $1000 if you are found guilty of an improper exhibition of a firearm offense.
A misdemeanor is still a serious offense to have on your criminal record. Most people mistakenly plead guilty or no contest to misdemeanors because they believe that a misdemeanor does not have damaging consequences. The fact is that a misdemeanor can stay on your criminal record indefinitely. If you get into trouble with the law again, this misdemeanor can increase the penalties for subsequent criminal charges.
Defenses to Improper Exhibition of a Firearm allegations
The Improper Exhibition of a Firearm offense has 3 elements:
- Handling a weapon
- In an unsafe manner
- In the midst of other people
The prosecution has the burden of proving all three of these elements beyond a reasonable doubt. The defense attorney can cast doubt on any one element and the prosecution’s case will fail.
A common defense for improper exhibition of a firearm charge is that the individual brandished the weapon in self-defense. If the individual was displaying the weapon in a threatening manner in order to protect his or her personal safety, then the display was not careless, rude or angry.
Another defense tactic is to attack the definitions in the statute. If the person was handling a toy gun for instance, does that meet the definition of improper exhibition of a firearm under the statute? The prosecution needs to prove to the jury that you acted in an unsafe manner. In addition to acting in an unsafe manner, the prosecution needs to prove that the people who witnessed the behavior thought it was unsafe.
Defenses are very specific to the facts of the case. You need to contact a criminal defense attorney and explain your specific situation in order to get a defense tailor made to your circumstances.
Lawyer for Improper Exhibition of a Firearm in Brevard County, FL
A misdemeanor conviction for improper exhibition of a firearm can have terrible lifelong consequences. Once you outline the facts of your case to our Melbourne gun charge attorneys, we can begin creating a defense to either get these charges reduced or completely dismissed.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
