The right to own and use a firearm is one many Floridians enjoy in the Sunshine State, but that right comes with responsibilities. If you aren’t careful, you could break the law and endanger your right to own a gun.
If you’re charged with discharging a firearm in public or recklessly on residential property, you need to start crafting your defense. A skilled gun rights lawyer can defend you, protecting your right to own a gun. Metcalf Falls, Criminal Defense Attorneys, P.A., are prepared to hear your case and fight for your future.
Call (813) 258-4800 to schedule your free consultation.
Defining Florida’s Laws About the Discharge of a Firearm in Public
Under Florida Statute §790.15, it is illegal for anyone to knowingly shoot a gun in any public place, on the right-of-way of any road, highway, or street, or to shoot a gun on property used primarily as a site of a dwelling. There are exceptions to this law, but simply put, anyone who shoots a gun in public, around an occupied building, or over a street could be charged with an illegal discharge of a firearm in public.
This crime is considered a first-degree misdemeanor, but could escalate in certain circumstances.
Can My Charges for Shooting in Public Get Worse?
Yes — if getting charged with discharging a firearm in public wasn’t bad enough, your charges could be “enhanced.” That means you could be charged with more than a misdemeanor.
Under Florida Statute §780.15(2), you could be charged with a second-degree felony if you are shooting from a car within 1,000 of anyone else. The driver or owner of the car could also be charged with a third-degree felony, even if they weren’t in the vehicle when the shooting happened if the prosecution can prove the driver ordered the shooting.
What are the Penalties for Illegally Firing a Gun in Public in Tampa?
If you’re charged with illegally shooting your gun in public, you are facing a first-degree misdemeanor in Florida. You could be sentenced to a year in jail and a $1,000 fine.
If your crime is enhanced to a second-degree felony, you could be sent to state prison for 15 years and face a $10,000 fine.
Anyone who owned the vehicle the gun was shot from or ordered the discharge would face a third-degree felony. Although it’s a lesser charge, anyone convicted of a third-degree felony faces five years in prison and up to $5,000 in fines.
Can I Defend Against Charges for Illegally Discharging a Firearm?
Everyone has a right to defend themselves against criminal charges — you are innocent until the prosecution proves you are guilty. There are several ways you can defend yourself with the help of one of our illegal discharge defense lawyers in Tampa.
You Did Not Actually Break Any Laws
The Florida statutes about illegally shooting a gun in public provide some exceptions to these situations. If you meet these exceptions, you could not have broken the law, so you cannot be guilty. The law says you did not break the law if you were performing official duties that required shooting a gun or if you were shooting a gun on property approved by the Fish and Wildlife Conservation Commission or the Florida Forest Service.
You Were Acting in Self-Defense
Another exception provided in the law states that if you were acting in self-defense, “defending life or property,” then you were not breaking the law. This follows the “Castle Doctrine,” which applies to some crimes involving weapons in Florida. You could still be arrested, but one of our skilled firearms defense lawyers can help prove you were acting to protect yourself.
You Were Mistakenly Identified
In some cases, the alleged suspect is wrongfully accused because the police mistake them for the actual perpetrator. Our team can collect the evidence to show that you did not illegally discharge your gun in public.
Frequently Asked Questions About Illegally Firing a Gun in Public
Can I be charged with discharging a firearm in public if no one was hurt?
Yes, you can still face criminal charges even if no one was injured. Florida law focuses on where and how the firearm was discharged, not whether harm was caused.
Does the location of the firearm discharge affect my charges?
Absolutely. Discharging a firearm in certain locations, such as near an occupied building or from a vehicle, can lead to enhanced charges, including felonies.
Will a conviction for illegally firing a gun affect my gun rights?
Yes, even a misdemeanor conviction could impact your ability to legally own or carry firearms in the future, making it critical to defend against these charges.
Can I face charges if I didn’t know firing a gun in public was illegal?
Lack of knowledge about the law is not typically a valid defense. You are expected to understand firearm regulations and comply with them.
How can I prove I was acting in self-defense?
Your attorney can gather evidence such as witness statements, surveillance footage, and other documentation to support your claim of self-defense under Florida law.
What should I do if I was falsely accused of discharging a firearm?
If you’ve been wrongfully accused, you should avoid making statements to law enforcement and consult with a defense attorney who can investigate and present evidence in your favor.
Does the type of firearm I used affect the severity of my charges?
In some cases, yes. Using certain firearms or modifications, such as automatic weapons, could lead to more severe penalties or additional charges.
Can I negotiate a plea deal to reduce my charges?
Depending on the circumstances of your case, your attorney may be able to negotiate with prosecutors to reduce your charges or penalties, especially if it’s a first-time offense.
How long do prosecutors have to file charges against me?
In Florida, the statute of limitations for misdemeanors like this is typically one year, while felonies have longer periods. However, you should act quickly to build a strong defense.
Will a conviction show up on my criminal record?
Yes, a conviction for discharging a firearm in public will appear on your criminal record, which could affect employment opportunities, housing, and future firearm ownership.
Should I Call a Tampa Gun Charge Lawyer?
It’s in your best interest to work with a criminal defense attorney whenever you’re facing criminal charges. There’s a chance that your case never goes to trial, or the prosecutor decides to drop the charges because of a lack of evidence.
However, you cannot take that chance. Getting a gun charge attorney on your case from the start is crucial. Not only can we investigate the claim and fight any evidence that shouldn’t be admitted to court, but we can also explain your charges and updates in your case.
We will work to get your charges reduced or dropped, and we’ll help negotiate any plea agreements while we prepare for a trial in Tampa.
Why Work With Our Tampa Gun Charge Attorneys?
Avoiding a conviction involving firearms is the best way to protect your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the greatest chance of challenging these charges. A firearms conviction could strip you of your rights. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Call a Tampa Weapons Defense Attorney Now
If you’re charged with illegally firing a gun in public in Florida, you need the help of a skilled attorney. Acting as soon as possible gives you the best chance towards a positive outcome. Let us help.
Call (813)-258-4800 or fill out our online form to get started.
