Criminal Defense

Firing into an Occupied Dwelling Defense Lawyer in Tampa, FL

Florida law imposes harsh penalties for crimes involving firearms, projectiles, and objects that could cause significant harm to people or property. One particularly serious offense is shooting into or throwing deadly missiles. This statute criminalizes the wanton or malicious shooting, hurling, or throwing of objects capable of causing death or great bodily harm into buildings, vehicles, vessels, or other property.

If you’re facing charges under this statute, it’s essential to understand the law, potential defenses, and how an experienced criminal defense attorney can help you protect your rights and future. At Metcalf Falls, Criminal Defense Attorneys, P.A., we are committed to providing the aggressive representation you need to fight these serious accusations.

What Florida Law Says About Shooting at a Building

Under Florida Statute 790.19, it is a second-degree felony to:

  • Shoot at, into, or within any public or private building, occupied or unoccupied.
  • Throw or project a “deadly missile” at, into, or within a building, vehicle, vessel, or other property occupied or in use by people.

Although our general understanding of the term “missile” is associated with military weapons, the law does not define it that way. A deadly missile could be interpreted broadly by Florida courts. It can include bullets, rocks, bottles, or “any hard objects capable of inflicting significant harm.”

The statute applies to acts committed with wanton or malicious intent—meaning the actions were deliberate, reckless, or performed with disregard for the safety of others.

What Are the Penalties for Shooting into a Building?

A conviction for this second-degree felony can result in:

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Fines of up to $10,000

Additionally, a felony conviction can have lasting consequences, including difficulty securing employment, losing civil rights, and damage to your reputation.

What Does the Prosecution Have to Prove in a Shooting Case?

To secure a conviction, the prosecution must prove the following elements beyond a reasonable doubt:

  1. Dangerous Object
    The object in question must be shown to have the potential to cause death or great bodily harm. Common examples include rocks, bottles, bullets, or other projectiles.
  2. Method of Projection
    The object must have been thrown, hurled, or shot from a mechanical device, such as a firearm or other projectile weapon, or propelled manually.
  3. Target
    The target must be a public or private building (regardless of occupancy), a vehicle occupied by a person, a vessel, or an aircraft.
  4. Intent
    The defendant’s actions must have been wanton or malicious, meaning intentional or reckless with disregard for human safety.

If any of these elements are not proven, the charges cannot stand.

What Are Some Examples of “Deadly Missiles” in Florida?

The statute’s reference to “missiles” extends beyond traditional projectiles like bullets. Florida courts have interpreted the term to include:

  • Rocks or stones
  • Glass bottles
  • Metal locks
  • Soda cans or bottles

Even objects that may seem benign can qualify as a deadly missile if they are capable of causing harm. In some rare cases, some fruits have been considered deadly objects because they can be harmful in certain conditions.

This broad interpretation underscores the importance of a robust defense strategy.

How Do I Defend Against Shooting Into or Throwing Deadly Missiles Charges?

Facing charges under Florida Statute 790.19 can be overwhelming, but several defenses may apply to your case. The specific defense strategy will depend on the details of the incident, including the object involved, the circumstances of the act, and the intent behind it.

The Object Was Not Dangerous

The prosecution must prove that the object was capable of causing death or great bodily harm. For example, while a rock might qualify, a soft object like a sponge or paper ball would not meet the legal standard.

Lack of Malicious or Wanton Intent

If the act was accidental or performed without any malicious or reckless intent, the charges may not hold. For instance, if a rock unintentionally struck a building or vehicle, it would not satisfy the statute’s intent requirement.

The Target Building Was Unoccupied

The statute distinguishes between occupied and unoccupied property. While buildings do not need to be occupied, vehicles and vessels must be in use or occupied at the time of the alleged offense. Demonstrating that the vehicle or vessel was empty may weaken the prosecution’s case.

Lack of Evidence Linking You to the Act

Proving that you were the individual who threw, hurled, or shot the object is crucial for the prosecution. If there is insufficient evidence to connect you to the crime, the charges may not stand.

The Object Does Not Qualify as a “Deadly Missile”

The defense can argue that the object in question did not have the potential to cause death or serious bodily harm. For example, a small pebble may not meet the legal definition of a deadly missile.

Self-Defense or Defense of Property

In some cases, actions involving projectiles may be justifiable if they were taken in self-defense or defense of property. In some cases, the Castle Doctrine may apply. One of our skilled attorneys can evaluate whether this defense applies to your situation.

Why You Need an Experienced Tampa Gun Charge Attorney

The consequences of a felony conviction are severe, making it critical to have an experienced attorney on your side. At Metcalf Falls, Criminal Defense Attorneys, P.A., we:

  • Analyze the evidence and police reports for weaknesses in the prosecution’s case.
  • Identify mitigating factors, such as lack of injury or a clean prior record, to reduce charges.
  • Build a comprehensive defense strategy tailored to your unique circumstances.

Our goal is to protect your rights and secure the best possible outcome, whether that means getting charges reduced, dismissed, or advocating for an acquittal at trial.

FAQs about Gun Charges in Florida

Does the building need to be occupied for charges to apply?

No. The statute applies to both occupied and unoccupied buildings. However, for vehicles, vessels, and aircraft, the law requires that they be occupied or in use at the time of the incident.

What happens if the act was accidental?

If the act was unintentional and lacked malicious or reckless intent, it may not meet the requirements for conviction under this statute. Your attorney can argue this as a defense.

What are the penalties for violating Florida Statute 790.19?

A conviction carries penalties of up to 15 years in prison, 15 years of probation, and fines of up to $10,000. Additionally, a felony conviction can have lifelong consequences.

How can a Florida criminal defense attorney help?

An experienced attorney from Tampa, FL can evaluate the evidence, challenge the prosecution’s case, and negotiate for reduced charges or dismissal. They can also build a defense tailored to your circumstances.

Are there gun charges similar to FS 790.19?

Under FS§790.15(1), you could be charged with a second-degree felony for shooting a firearm from a vehicle within 1,000 feet of another person.

Why Work With Our Tampa Gun Charge Attorneys?

Avoiding a conviction is the surest way to protect your gun rights. Working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging your charges and preserving your freedom. 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 Gun Charge Lawyer Now

If you’re facing charges for shooting into or throwing deadly missiles in Florida, the stakes are high. You need a dedicated and experienced legal team to fight for your rights. At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the complexities of these cases and are ready to help you navigate the legal process.

Contact us today for a confidential consultation. Call (813) 258-4800 and take the first step toward protecting your future.

Avvo top contributor logo Avvo client's choice award logo National Trial Lawyers Top 40 under 40 Avvo perfect 10 rating logo Avvo 5 star review logo