Fort Lauderdale Improper Exhibition of a Firearm or Weapon Lawyers

Improperly displaying a firearm or weapon in Florida can lead to serious criminal charges. As Fort Lauderdale criminal defense attorneys, we understand the complexities surrounding improper exhibition allegations. Our firm has extensive experience defending clients accused of carelessly or threateningly exhibiting firearms or other deadly weapons. We are committed to protecting your rights and securing the most favorable case resolution possible.

What Constitutes “Improper” Exhibition Under the Law?

The language of Florida’s law is quite broad, allowing prosecutors to file charges in cases where a weapon was displayed in virtually any subjectively inappropriate manner. However, legal interpretations of the statute have established some general guidelines as to what types of exhibition may lead to criminal liability:

• Careless Display – It is not necessary for the exhibition to be intentional or threatening. Merely displaying a firearm or weapon in a careless or negligent manner is enough to violate the law. For example, waving a handgun haphazardly while telling a story could show carelessness.
• Angry or Rude Gestures – Exhibiting a weapon in an angry, rude, vulgar or disrespectful way may also lead to charges, even if the display was not overtly threatening. For instance, brandishing a knife during a heated argument could be deemed rude or angry exhibition.
• Perceived Threats – The exhibition does not necessarily have to be objectively dangerous or intimidating to others. If someone feels subjectively threatened by the way a weapon is displayed, that could be sufficient grounds for a conviction. Simply showing a holstered gun to someone who is afraid of firearms could be interpreted as threatening.
• Presence of Others Not Required – The law prohibits exhibition in the “presence” of one or more persons. However, courts have ruled that actual witnesses are not needed for a conviction. Recklessly firing a gun into the air in an isolated area could still lead to charges, since the shots could theoretically have been heard by others.

Potential Defenses to Improper Exhibition Allegations

While improper exhibition cases may seem straightforward, there are often viable defenses that an experienced criminal defense lawyer can raise on your behalf, such as:

• The item displayed does not actually meet the legal definition of a “weapon” or “firearm.” For example, displaying a toy gun or BB gun would not violate the statute.
• The manner of display did not meet the threshold of being threatening, careless, rude or angry. For instance, calmly showing a lawful concealed carry permit along with the holstered weapon may not qualify as improper exhibition.
• You acted in lawful self-defense, defense of others or defense of property when displaying the weapon. Brandishing a firearm to halt a home intruder would likely be justifiable.
• The alleged victim(s) were not actually in your physical presence at the time, as required by the law.
• You lacked the requisite criminal intent to knowingly exhibit the weapon in an improper or unlawful manner.
• The witnesses who reported the exhibition are not credible or gave inaccurate accounts of the incident.
• You were on your own private property at the time of the alleged exhibition. Displaying weapons recklessly in public places tends to be viewed more harshly than similar conduct at your home.

Penalties Imposed for Improper Exhibition Convictions

The potential criminal penalties if convicted of improper exhibition of a firearm or weapon include:

• Up to 1 year in jail
• Up to 1 year on probation
• Permanent criminal record
• Loss of civil liberties – An improper exhibition conviction may impact your Second Amendment right to bear arms. Those convicted cannot legally purchase or possess firearms under Florida law.
• Fines up to $1,000 – The maximum fine for a first-degree misdemeanor is $1,000. However, the actual fine amount may be lower depending on your criminal history and financial resources.
• License suspension – If you hold a concealed carry permit, it will likely be suspended for a conviction. Certain professional licenses can also be revoked.
• Immigration consequences – Improper exhibition is considered a “crime involving moral turpitude” that could negatively impact visa or citizenship applications for non-citizens.

In addition to the direct penalties imposed by the court, an improper exhibition conviction has consequences that can follow you for years to come. Your arrest and conviction record will show up in background checks, which can hurt employment, housing and educational opportunities.

Our Firm’s Approach to Defending Improper Exhibition Charges

The criminal defense lawyers in our firm have represented many clients facing allegations of improperly exhibiting firearms or other deadly weapons. We have successfully challenged these charges using every legal strategy and defense available. Our approach includes:

• Thorough investigation – We independently examine the facts to identify inconsistencies in the prosecutor’s version of events. This allows us to build the strongest defense.
• Leveraging our relationships – Through our extensive experience in the local court system, we have developed relationships with judges, prosecutors and law enforcement officials that help us secure favorable outcomes.
• Negotiating reduced charges – We’ve been successful in negotiating plea bargains to lesser charges like disorderly conduct that avoid jail time and allow the eventual sealing of records.
• Taking cases to trial – When necessary, we are fully prepared to contest improper exhibition charges in front of a jury by discrediting witnesses and highlighting reasonable doubt.
• Appealing convictions – If you are convicted at trial, we can pursue appeals based on legal or procedural errors to get convictions overturned.

The attorneys in our firm understand the devastating consequences a conviction can have on your life. We are absolutely committed to resolving these cases as favorably as possible, whether through dismissal of charges, diversion programs, plea deals or trial verdicts. Every case is different, and we will explore every option to achieve the best outcome given the unique circumstances.

If you or a loved one has been accused of improperly exhibiting a firearm or weapon in the Fort Lauderdale area, please contact us for a free case evaluation. Our experienced defense lawyers are here to help 24/7.