Improper Exhibition of a Weapon
Americans have the right to bear arms under the Fourth Amendment in the U.S. Constitution. However, there are restrictions on how weapons and firearms can be used and displayed. For example, most firearms and weapons are not illegal themselves, but it is illegal to use them in certain ways.
One of the most common weapon and firearm charges in Florida is the improper exhibition of a weapon. In some instances it can be referred to as “brandishing a weapon.” This means a person waved or displayed a weapon in a careless, angry or threatening manner.
Sometimes people can be charged with this as a result of a misunderstanding or simply because someone in the area became frightened by the weapon. The person wielding the gun or weapon may not have any intention to use it, but others may not know what he or she will do. If you are charged with improper exhibition of a weapon, you need to contact an attorney to build your defense.
Palm Beach County Improper Exhibition of a Weapon Lawyer
Weapons and firearms charges are taken seriously in Florida. The crimes can carry steep penalties, including jail time, fines or both. If you have been charged with improper exhibition of a weapon or firearm, it is important you contact West Palm Beach weapons and firearms attorney Andrew D. Stine, P.A..
Stine has nearly a decade of experience representing clients who face criminal charges in South Florida. He will fight for the best possible outcome in your case, which could mean dropped or reduced charges. Call 561.880.4300 to schedule a free case evaluation. He represents clients in Palm Springs, North Palm Beach, Lake Worth, Tequesta, West Palm Beach and the surrounding areas.
Information About Improper Exhibition of a Weapon
- Improper Exhibition of a Dangerous Weapon under Florida Law
- Displaying a Weapon in Self Defense
- Finding the Best Improper Exhibition of a Weapon Attorney in West Palm Beach
In Florida, it is illegal to exhibit a weapon in a way that is considered careless, angry or threatening, according to Florida Statutes Annotated § 790.10. This statue is to ensure firearms and weapons are handled in a safe manner. Because weapons and firearms can be dangerous, this law is an attempt to prevent accidents.
Weapons that could be exhibited improperly, according to Florida law, include:
- Sword cane
- Electric weapon or device
To be charged with improper exhibition of a weapon, a person must display the weapon in the presence of one or more people in a rude or careless manner. This statute does not apply to when a weapon is displayed in self defense.
If you are charged with improper exhibition of a weapon or firearm in Florida, you could face a first-degree misdemeanor, which is punishable by up to one year in jail and a fine of up to $1,000. Misdemeanors still are considered serious offenses, and a conviction will stay on your record.
Firearms charges can have long-lasting consequences, even if the charge is a misdemeanor. Because it will be on your record, potential employers, potential landlords and others can see the conviction in any background check. It could affect your ability to get a job, find a home to rent and even personal relationships.
In some instances where a person displays a weapon, he or she may not face criminal charges if it was done so in self defense. According to Florida Statutes Annotated § 776.012, a person is justified in using force, except deadly force, against another when he or she believes it is necessary to defend himself or herself.
Displaying a weapon or firearm would be considered using force. If a person purposefully was displaying a weapon in an intimidating manner in an attempt to defend himself or herself, it could be a defense to improper exhibition of a weapon charges.
For example, if you are attacked while walking home and you brandish a gun and threaten the person attempting to harm you, you likely could use self defense as a way to avoid possible weapon and firearm charges.
Additionally, charges for improper exhibition of a weapon could be based on mistakes or misunderstandings. In Florida, you are able to legally carry a gun in a variety of places for several different reasons. If a person sees someone handling a firearm it could be mistaken for a threat.
If you are charged with improper exhibition of a weapon or firearm, contact skilled criminal defense attorney Andrew D. Stine, P.A.. Stine fights for the rights of his clients and works to get the best possible outcome in each case. Contact Stine at 561.880.4300 to schedule a free case evaluation.