Overview of Improper Exhibition of a Firearm or Weapon Charges in Boca Raton
Improper exhibition of a firearm or weapon is a criminal offense in Florida that involves displaying or showing a weapon in a threatening, careless, rude, or angry manner in the presence of others. This charge comes into play when someone pulls out a gun, knife, or other weapon without lawful purpose, causing fear or apprehension in those around them.
In Boca Raton and the surrounding areas of Palm Beach County, these types of charges are taken very seriously by law enforcement and prosecutors. Even something that may seem minor or unintentional on the surface could lead to a first-degree misdemeanor charge.
If convicted, you could face up to one year in jail or 12 months of probation, along with a $1,000 fine and other penalties like loss of firearm rights or forfeiture of the weapon. That’s why working with an experienced Boca Raton criminal defense lawyer is so important if you are facing such allegations.
Elements of the Crime
To prove a charge of improper exhibition of a firearm or weapon under Florida statute 790.10, prosecutors must establish several key elements beyond a reasonable doubt:
- Possession of a weapon: The item must meet the legal definition of a “weapon” under Florida law, including firearms, knives over a certain length, sword canes, electric weapons, and other instruments designed to inflict harm. Toy guns and non-working replicas may also qualify depending on the situation.
- Exhibition in the presence of others: You must have displayed, showed, waved, or presented the weapon while one or more persons were present to witness it. Their presence is key.
- Threatening, careless, rude or angry manner: The way you exhibited the weapon must have objectively been dangerous, reckless, discourteous, or done in anger according to an ordinary observer. Your intentions do not necessarily matter.
- Lack of lawful purpose: You must have exhibited the weapon without legal justification, such as immediate self-defense, defense of others, or other authorized purposes.
Without sufficient evidence on each element, the charges should fail. But police and prosecutors often dispute the facts or interpret them differently, which is why skilled legal advocacy is so crucial.
Penalties Upon Conviction
As a first-degree misdemeanor under Florida law, improper exhibition of a firearm or weapon carries penalties of up to one year in jail or 12 months of probation along with a $1,000 fine. The judge also has discretion to impose additional requirements as part of a sentence, like:
- Firearm rights restrictions
- Forfeiture of the weapon
- Anger management classes
- Mental health evaluation or counseling
A conviction remains on your criminal record permanently if not expunged. This can negatively impact background checks for jobs, housing applications, professional licensing, and more. Immigration status may also be jeopardized for non-citizens.
Defenses That Can Be Raised
When facing these types of allegations, several lines of defense may be available with the help of an experienced Boca Raton criminal defense lawyer. Some examples include:
Lack of criminal intent – If evidence shows you never intended to threaten or harm anyone, and inadvertently displayed the weapon by accident or mistake, then you may not have possessed the requisite criminal intent.
Misidentification – Eyewitnesses sometimes make mistakes, especially when perceiving fast-moving events. If the person who exhibited the weapon was not actually you, misidentification could defeat the charges.
Self-defense – The justifiable use of force in self-defense or defense of others may provide lawful purpose for displaying a weapon under the circumstances. The reaction has to match the level of threat faced based on a reasonable perception of danger.
Legal authority – Police officers and security guards may exhibit firearms during legitimate law enforcement activities without violating the law. Their legal authority provides an exemption to the statute’s prohibitions.
Weapon not operational – If the gun or knife was broken, unloaded, or otherwise inoperable at the time, it may not qualify as a “weapon” capable of inflicting harm under the statutory definition.
An attorney can carefully assess the evidence and build a tailored strategy around the most viable defenses given the facts of your case.
Why Hire a Boca Raton Criminal Defense Lawyer?
Facing criminal allegations can be an overwhelming and frightening experience. An experienced lawyer knows how to navigate the complex legal system, protect your rights, and fight for the best possible outcome in your case.
Specifically, an attorney can help by:
- Conducting an independent investigation of what occurred
- Identifying procedural problems or technical defects
- Negotiating with the prosecution
- Securing a reduction or dismissal of charges
- Crafting a defense strategy for trial if necessary
- Advocating for minimal penalties if convicted
Without proper legal advice, you may not even realize all the options available. Don’t take chances with your future and freedom. Work with a knowledgeable Boca Raton defense lawyer instead.
Finding the Right Lawyer for Your Needs
If you or a loved one faces allegations of improperly exhibiting a firearm or weapon in Boca Raton, the defense lawyers at [My Firm Name] can help. With over [#] years of experience specifically handling these types of cases, we have a proven track record of success.
To schedule a free consultation with one of our criminal defense attorneys, call [phone #] or contact us online today. We provide strong advocacy for clients throughout Palm Beach County.