Miami Improper Exhibition of a Firearm or Weapon Lawyers: Defending Your Rights
Have you been charged with improperly exhibiting a firearm or weapon in Miami? This misdemeanor offense carries serious penalties like up to a year in jail or probation, along with a $1,000 fine. However, with an experienced Miami improper exhibition lawyer on your side, you may be able to get the charges reduced or even dismissed.
What Constitutes Improper Exhibition of a Firearm or Weapon?
Under Florida law, improper exhibition of a firearm or weapon occurs when someone who is carrying or has a dangerous weapon like a firearm, dirk, sword, electric weapon, or other device exhibits it in a “rude, careless, angry, or threatening manner” in front of at least one other person, when it’s not necessary self-defense.
So if you wave around a handgun to show your friend without thinking about proper safety protocols, you could face this charge. Or if you pull out a knife during an argument and wave it around angrily, even if you don’t directly threaten anyone, you could still be arrested.
It’s important to note that you don’t have to intentionally exhibit the weapon either. Even carelessly displaying a firearm or weapon is enough to face charges under Florida Statute Section 790.10.
Penalties for Improper Exhibition Charges
An improper exhibition of a firearm or weapon charge is a first-degree misdemeanor. This means if convicted, you could face:
- Up to 1 year in jail
- Up to 12 months probation
- Up to $1,000 in fines
You may also have to forfeit your firearm or weapon that was improperly displayed. And a misdemeanor criminal record can negatively impact your employment, housing, or other opportunities even after your sentence is complete.
Defenses Against Improper Exhibition Charges
Fighting these charges with an experienced weapon defense attorney is essential. An attorney can review the details of your case and determine if any of the following defenses apply:
The Item Doesn’t Qualify as a “Weapon”
- One defense is to argue that the item you displayed does not actually meet the legal definition of a “weapon” under Florida statutes. This argument recently worked when a man faced charges for exhibiting an Airsoft gun. His attorney successfully argued that an Airsoft gun does not qualify as a “firearm” under the law.
Your Display Was Not Threatening, Rude, or Careless Enough
- Even if the item does qualify as a weapon, you may be able to fight the charges by arguing the manner you displayed it does not meet the threshold of being “rude, careless, angry, or threatening.”
- For example, in Kase v. State, the court found that a man who briefly displayed a knife during a traffic dispute did not make an actual threatening gesture with the weapon. So his conviction was overturned.
- If your weapon display was brief, not angry, and not intended to threaten, you may be able to get the charges dropped on this basis. An attorney can argue the specifics before a judge or jury.
Self-Defense
- You may also argue you displayed the weapon in self-defense or defense of others. The law specifically states that displaying a weapon while acting in necessary self-defense is allowed.
- So if you pulled out a knife to protect yourself during an assault or displayed a firearm to stop an attacker, then you were likely legally justified. An attorney can help gather evidence and witness statements to prove your lawful self-defense claim.
Defense of Property
- In certain circumstances, you may also argue you exhibited a weapon while defending your property. If someone was trying to steal your car or break into your home, displaying a weapon to stop them could be lawful. Your lawyer may be able to get charges dismissed if that type of defense of property claim applies.
No Witnesses Within Your “Presence”
- Finally, you could potentially beat an improper exhibition of a firearm charge by arguing there were no witnesses within your “presence” when you displayed the weapon.
- The law states you must display the weapon “in the presence of one or more persons” to be convicted. So if you were alone in your home or vehicle when you exhibited the firearm or weapon, then the charges may get thrown out.
Work with a Miami Weapon Defense Lawyer Today
Don’t take chances with your freedom and criminal record. An improper exhibition of a firearm or weapon conviction stays on your record permanently and could ruin future job, education, housing, and other opportunities.
Instead, exercise your rights. Contact an experienced Miami criminal defense attorney as soon as possible after your arrest. They will conduct a thorough investigation of your charges, advise you of all possible defenses, and fight aggressively in court for dismissal or reduction of the charges.
With an attorney on your side analyzing the arrest details and evidence weaknesses, you stand the best chance of avoiding a conviction. Don’t hesitate to connect with a lawyer for a free case review and legal options consultation today.