Firing guns in public places is a big no-no pretty much everywhere, and Miami is no exception.

Getting caught doing it can land you in some hot water with the law real fast. That’s where having a good lawyer who knows the ins and outs of Miami’s discharging a firearm laws can make all the difference.

In this article, we’ll break down when shooting a gun in public is illegal in Miami, what the consequences are, and how an experienced attorney can help. We’ll also talk about some defenses that could potentially get the charges reduced or even dismissed.

When Is It Illegal to Discharge a Firearm in Public in Miami?

The City of Miami has a whole section of city codes about discharging firearms (Section 42-38). The basic thing to know is that it’s illegal to fire any gun, including handguns, rifles, shotguns, BB guns, and airsoft guns, in any public place unless it’s for self-defense, defense of others, or some other lawful purpose.

Public places include streets, sidewalks, parks, buildings open to the public, etc. So even shooting a BB gun in an alley or empty lot can get you arrested. There are a few exceptions like shooting ranges and hunting areas outside city limits, but those are pretty much the only legal public places to shoot in Miami.

Consequences of Illegally Discharging a Firearm

Getting busted shooting a gun illegally in Miami is not something you want on your record. It’s a misdemeanor criminal offense, but it can come with some pretty harsh penalties.

• Up to 364 days in jail
• Up to 12 months probation
• Fines up to $500
• Mandatory anger management classes
• Loss of your concealed carry permit if you have one

And if you’re already a convicted felon, it becomes a felony offense with mandatory minimum sentences. Not good.

How a Miami Gun Crime Lawyer Can Help

Having an experienced Miami firearm lawyer on your side makes a huge difference if you get charged with illegally discharging a firearm. Their in-depth knowledge of local gun laws, criminal defense experience, and negotiating skills can help in several key ways:

• Get the Charges Reduced or Dismissed: An attorney may be able to convince prosecutors to reduce the charges to a lesser offense or even get them dismissed altogether if there’s insufficient evidence or other problems with the case. This can help you avoid a damaging misdemeanor conviction.
• Avoid Jail Time: Even if the charges stick, a lawyer can often negotiate plea deals for probation, community service, counseling, etc. instead of jail time. Not doing any time is usually the top priority.
• Prevent Loss of Gun Rights: A conviction can mean losing your concealed carry permit and right to own guns. But a lawyer may be able to plea bargain so you keep your gun rights intact.
• Build the Best Defense: From questioning the legality of the police search to challenging if it was truly “public,” an experienced attorney knows how to craft the strongest defense under the circumstances.

Having legal representation makes a huge difference. Don’t go it alone.

Possible Defenses for Illegal Discharge of a Firearm

There are several defenses that a skilled lawyer may use to fight illegal discharge of a firearm charges in Miami, including:

Self-Defense

If you fired the gun to protect yourself or others from imminent bodily harm, that’s considered legal self-defense. But you have to prove you acted reasonably under the circumstances.

Defense of Property

In Florida, using a gun to stop a forcible felony like robbery or burglary against your home/property may be justifiable. But there are limitations around proportional force.

Lack of Intent

If the shooting was a total accident and you didn’t intend to fire the weapon at all, your lawyer can argue you shouldn’t be convicted of a purposeful crime.

Misidentification

Eyewitness mistakes happen all the time. If your lawyer can create reasonable doubt it was actually you who fired the shot, that could defeat the charges.

Unlawful Search

If police violated your rights by searching you or your property without probable cause, any evidence found may be inadmissible.

As you can see, an experienced Miami gun crime attorney has lots of options when building a strong defense to illegal discharge of a firearm charges. Don’t go it alone – get a lawyer on your side.

Work with a Miami Gun Crime Lawyer Today

Getting arrested for shooting a gun illegally can be scary. The penalties are severe, and a conviction affects your entire future. But an aggressive defense attorney can often get charges reduced or dismissed.

If you or someone you love is facing charges for discharging a firearm in Miami, don’t leave your fate to chance. Consult with a seasoned local gun crime lawyer right away. An experienced attorney will carefully examine the evidence, identify the strongest defenses, and fight relentlessly for the best possible outcome in your case.

With so much on the line, be sure to protect your rights and future by hiring a dedicated Miami firearms defense lawyer on your side today. The sooner you get advice and representation from someone who knows the local courts and gun laws inside and out, the better. Don’t wait to get help fighting back against these life-changing allegations.