Kendall Discharging a Firearm in Public Lawyers
Getting arrested for discharging a firearm in public can be a scary and overwhelming experience. If you or someone you know has been charged with this offense in Kendall or elsewhere in Florida, it’s important to speak to an experienced criminal defense attorney as soon as possible.
Overview of the Charge
Florida statute 790.15 makes it illegal to knowingly discharge a firearm in any public place or on residential property. This law applies to firing guns on public roads, in parks, near schools or businesses, and even on your own property if the bullets enter someone else’s home or land.
Discharging a firearm in public is generally charged as a first degree misdemeanor, punishable by up to one year in jail and $1,000 in fines. However, if done in a manner that endangers human life, it can be charged as a third degree felony with harsher sentences. There are also enhanced penalties if it is done from a vehicle.
Common Defenses
There are several legal defenses that an experienced attorney may use to fight these charges, such as:
- Lack of criminal intent: If the discharge was a pure accident or due to mechanical failure, you may not have had criminal intent.
- Self defense: Using a firearm to protect yourself or others from imminent harm can be justified. However, the force used must match the threat.
- Defense of property: In certain cases, using a firearm to stop an actual or imminent crime involving your property may be allowed. There are strict limits though.
- First offender programs: Many defendants with no prior record can get charges dismissed after completing special diversion programs.
An attorney can review the specifics of your case to craft the best defense strategy for you.
Finding an Attorney in Kendall
If you need legal help for a discharging firearm charge in Kendall or Miami-Dade County, here are a few local lawyers to consider:
Miami Gun Crime Lawyers
With over 20 years focusing strictly on gun and weapons charges, Miami Gun Crime Lawyers have extensive experience defending these types of cases in Kendall and across South Florida. Lead by attorney Richard Della Fera, they are known for their aggressive defense and understanding of weapons laws.
The Ticket Clinic
The Ticket Clinic is a legal firm with offices across Florida, including in Kendall near Dadeland Mall. While best known for traffic tickets, their lawyers also handle misdemeanor criminal charges like discharging firearms. Attorney Randolph Lanier leads their Kendall office.
Law Offices of Jason T. Forman
The Law Offices of Jason T. Forman represent clients facing weapons charges across Miami-Dade. Attorney Jason Forman is a former prosecutor who now exclusively practices criminal defense. His legal team has experience with diversion programs that can lead to charges being dropped.
Conclusion
Being arrested for shooting a gun in public can have devastating consequences if not properly defended. Work with an experienced Florida gun crime lawyer to protect your rights and future. The attorneys at Miami Gun Crime Lawyers come highly recommended for their skill and knowledge in these types of Kendall cases. Schedule a free consultation with them to discuss the details of your charges and defense options.