Facing a charge for discharging a firearm in Tampa can put your freedom, your job, and your gun rights at risk, all at once. Florida prosecutors take these cases seriously, and a conviction, even a misdemeanor, follows you for years. You need a defense strategy built fast, by someone who knows how these cases are actually prosecuted in Hillsborough County.
Attorney Brett Metcalf, a former state prosecutor with a perfect 10/10 Avvo rating and over 90 five-star reviews, has defended Tampa residents against firearm charges since 2012. He has seen these cases from the prosecution’s side, and now he uses that insight to build a stronger defense for you.
Call (813) 258-4800 for a free, confidential consultation.
Florida’s Law on Discharging a Firearm in Public (Fla. Stat. §790.15)
Under Florida Statute §790.15, it’s illegal to knowingly discharge a firearm in any public place, on the right-of-way of any road, highway, or street, or on property used primarily as a dwelling. There are narrow exceptions, but in most cases, firing a gun in public, near an occupied building, or over a street can lead to a charge for illegal discharge of a firearm.
This offense is a first-degree misdemeanor, though it can escalate quickly depending on the circumstances.
Can Discharging a Firearm Charges Be Enhanced to a Felony?
Yes. If discharging a firearm in public wasn’t serious enough on its own, Florida law allows these charges to be “enhanced” to a felony in certain situations.
Under Florida Statute §790.15(2), shooting a gun from a vehicle within 1,000 feet of another person is a second-degree felony. The driver or owner of that vehicle can also face a third-degree felony, even if they weren’t inside the car when the shooting happened, if prosecutors can prove they ordered it.
Penalties for Illegally Discharging a Firearm in Tampa
- First-degree misdemeanor: up to one year in jail and a $1,000 fine
- Second-degree felony (enhanced charge): up to 15 years in state prison and a $10,000 fine
- Third-degree felony (vehicle owner or person who ordered the shooting): up to five years in prison and a $5,000 fine
Even the misdemeanor-level charge can affect your ability to legally own or carry a firearm going forward, which is why building a defense early matters.
Defenses to Illegal Discharge of a Firearm Charges
You are innocent until the prosecution proves otherwise, and there are several ways a skilled attorney can challenge these charges.
You Did Not Break the Law
Florida’s statute includes specific exceptions. You cannot be found guilty if you were performing official duties requiring a firearm, or if you were shooting on property approved by the Fish and Wildlife Conservation Commission or the Florida Forest Service.
You Were Acting in Self-Defense
Florida law protects those “defending life or property,” consistent with the state’s Castle Doctrine, which applies to several weapons-related offenses. You could still be arrested even if this exception applies, but a skilled firearms defense attorney can help present evidence that you acted to protect yourself.
You Were Misidentified
Mistaken identity happens more often than people expect. Our team investigates the evidence, reviews witness accounts, and works to show you were not the person who discharged the firearm.
FAQs About Illegally Firing a Gun in Public
Can I be charged with discharging a firearm in public if no one was hurt?
Yes. Florida law focuses on where and how the firearm was discharged, not whether anyone was actually injured.
Does the location of the firearm discharge affect my charges?
Absolutely. Discharging a firearm near an occupied building or from a vehicle can trigger enhanced charges, including felonies.
Will a conviction for illegally firing a gun affect my gun rights?
Yes. Even a misdemeanor conviction can affect your ability to legally own or carry a firearm, which makes defending against these charges critical.
Can I face charges if I didn’t know firing a gun in public was illegal?
Generally, no. Lack of knowledge of the law is not typically a valid defense, and you’re expected to understand and follow firearm regulations.
How can I prove I was acting in self-defense?
Your attorney can gather witness statements, surveillance footage, and other evidence to support a self-defense claim under Florida law.
What should I do if I was falsely accused of discharging a firearm?
Avoid making statements to law enforcement, and speak with a defense attorney as soon as possible so they can begin investigating and gathering evidence in your favor.
Does the type of firearm I used affect the severity of my charges?
In some cases, yes. Certain firearms or modifications, such as automatic weapons, can lead to more severe penalties or additional charges.
Can I negotiate a plea deal to reduce my charges?
Depending on your case and criminal history, your attorney may be able to negotiate with the Hillsborough County State Attorney’s Office to reduce charges or penalties, particularly for first-time offenses.
How long do prosecutors have to file charges against me?
Florida’s statute of limitations for misdemeanors like this is typically one year, while felony charges allow prosecutors more time. Even so, you should start building your defense immediately.
Will a conviction show up on my criminal record?
Yes. A conviction for discharging a firearm in public appears on your record and can affect employment, housing, and future firearm ownership.
Should I Call a Tampa Gun Charge Lawyer?
Working with a criminal defense attorney gives you the best chance at a favorable outcome, whether that means the case never goes to trial or the prosecutor drops the charges for lack of evidence.
Don’t take that chance without representation. Getting a gun charge attorney involved from the start lets us investigate the claim, challenge inadmissible evidence, and keep you informed as your case develops. We’ll work to get your charges reduced or dropped, negotiate any plea agreements, and prepare for trial in Tampa if needed.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a firearms conviction is the best way to protect your freedom and your future. A conviction can strip you of your gun rights, and employers, landlords, and financial institutions may view the charge as violent, making it harder to find a job, rent a home, return to school, or qualify for a loan.
As a seasoned Tampa weapons charge lawyer, Brett Metcalf brings a unique perspective from his time as a prosecutor at the State Attorney’s Office. That background gives him insight into how prosecutors build their cases, insight he now uses to your advantage.
Since 2012, Brett has defended Tampa residents accused of gun-related offenses. He works from day one to get charges reduced or dismissed. If a case proceeds, he builds a thorough defense aimed at pretrial dismissal, acquittal, or minimized penalties based on your specific circumstances.
Brett’s work has earned recognition from respected legal organizations. He was named a Super Lawyers Rising Star in 2018, 2019, and 2020, holds over 90 five-star reviews, and maintains a perfect 10 rating on Avvo.com.
Call a Tampa Weapons Defense Attorney Now
If you’re facing a charge for illegally firing a gun in public in Florida, acting quickly gives you the best chance at a positive outcome. Let us help.
Call (813) 258-4800 or fill out our online form to get started.
