DISCHARGE OF FIREARM

Orlando Discharge of Firearm Defense Attorney

Section 790.15, Florida Statutes, provide that any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree .

Elements of Discharge of Firearm

In order to obtain a conviction for the Discharge of Firearm, Orange County prosecutors must prove one of these factual elements beyond a reasonable doubt:

  1. The defendant knowingly discharged a firearm in a public place; or
  2. The defendant knowingly discharged a firearm on the right of way of a paved road highway, or street; or
  3. The defendant knowingly discharged a firearm over the right of way of a public road, the right of way of a highway, the right of way of street, or over occupied premises.

For purposes of this Florida Statute, Public Place is defined as any place intended or designed to be frequented or resorted to by the public.

As far as Private Places are actionable, Florida legislature amended 790.15(1) in 2012, to include any property used primarily as the site of a dwelling. 776.013 defines “dwelling” as a building or conveyance of any kind, including attached porch, whether the building or conveyance is permanent or temporary, immobile, or mobile, which has a roof over it (to include tents) and is designed to be occupied by people lodging there during nighttime.

Section 790.001(6), Florida Statutes defines a Firearm as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term ‘firearm’ does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

Penalties

1st Degree Misdemeanor

  • Up to 12 months in prison and $500.00 fine.

Florida law carries serious penalties and diligent prosecution for Discharge of Firearm. At Sercombe Law, we work hard to uphold your rights in the face of such accusations. No one wants to be charged with Discharge of Firearm, but if you find yourself in this situation Sercombe Law will work with you to approach every viable avenue to ensure you are protected against violations of your rights and unfounded or false accusations.

Possible Defenses

There are many defenses available to defendants in Discharge of Firearm cases. If such defenses exist, they will become aware as you work with Sercombe Law. Possible defenses and evidence to contest Discharge of Firearm charges (aside from those already listed above) can include among others:

  • Was the discharge accidental, or not knowing or intentional?
  • Was the defendant lawfully defending life or property?
  • Is there a lack of evidence that a discharge occurred?
  • Was the defendant lawfully performing official duties requiring discharge of firearm?

SERCOMBE LAW

Facing prosecution for Discharge of Firearm can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.