SHOOTING OR THROWING A DEADLY MISSILE

Shooting or Throwing a Deadly Missile Defense Attorney

According to Florida Statute 790.19 a Shooting or Throwing a Deadly Missile is a crime committed by any person whoever, wantonly or maliciously, shoots at, within, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state.

A “Missile” is defined by Florida Law as any object/weapon that is fired, thrown, dropped, or otherwise projected at a target, and, as such, could produce death or great bodily harm.

In order for prosecutors to meet their burden of proof, the state must prove three elements beyond a reasonable doubt:

  1. Defendant shot a firearm, threw a missile, or hurled or projected a hard substance that would produce death or great bodily harm;
  2. Defendant did so at, within, or into (a public or private bus), (a train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind being used or occupied by a person), (a boat, vessel, ship, or barge lying in or plying the waters of this state), or (an aircraft flying through the air space of this state);
  3. Defendant committed act wantonly or maliciously.

Penalties

The crime of Shooting or Throwing a Deadly Missile is a second-degree felony.

Punishable by:

  • up to fifteen years in prison;
  • up to fifteen years on probation; and
  • a $10,000 fine.

Possible Defenses

Shooting or Throwing a Deadly Missile may be combated with several defenses that include:

  1. The object does not meet the definition of a “Missile.”
  2. Lack of evidence to prove defendant threw or projected the object.
  3. The projection or shooting of the missile was accidental.

  4. The act resulted from mere negligence

  5. The actions of defendant lacked malicious or wanton intent.
  6. Police acquired evidence of the offense through unlawful means.

SERCOMBE LAW

If you find yourself standing accused of Shooting or Throwing a Deadly Missile you need to be sure you have a good lawyer on your side. Facing Shooting or Throwing a Deadly Missile charges, especially in Florida, 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.