The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Discharging a Firearm in Public – F.S. 790.15
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In the state of Florida, it is illegal to knowingly discharge a firearm in public. To be convicted of discharging a firearm in public, it must be proven beyond every reasonable doubt that the firearm was discharged and that said discharge occurred on public, not private, property. You have the right to use your firearms responsibly and for self-defense. Sometimes law enforcement and state attorneys forget that fact.
Discharging a firearm in public is considered a first degree misdemeanor. This charge is more commonly utilized in plea negotiations as a lessor for a felony charge rather than a stand alone charge given the multitude of defenses.
I accidentally discharged my firearm. Can I still be convicted?
It was an accident, it will be difficult to be convicted, because in order to be convicted it needs to be proved that you knowingly discharged the gun in public.
What are the punishments for discharging my firearm in public?
Usually, the charge is a 1st degree misdemeanor, which comes with less than 1 year of jail time or 1 year probation, as well as a $1,000 fine.
Is there any way to get out of this charge?
Definitely. If it can’t be proven that the gun actually went off, you can’t be convicted. In addition, if the discharge was accidental, or inability to prove who actually discharged the weapon, you can’t be convicted.
If you, or someone you know, have been charged with Discharging a Firearm in Public in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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