Laser pointers are not dangerous weapons but using them in a way that might harm someone else is against the law. These devices are heavily regulated and using them in certain situations can result in a criminal conviction fines, probation and/or incarceration.
The police are not always able to identify the source of the laser pointer, which can lead to wrongful arrests. When you are accused of illegal use of laser pointers in Boca Raton, support from a dedicated criminal defense attorney from Leifert & Leifert could help you avoid a guilty verdict.
Understanding the Law
Not all inappropriate uses of laser pointers are criminal acts. For example, pointing one at a police officer while they perform their official duty is a noncriminal violation. There is no risk of jail time, but it carries a maximum fine of $500.
Other unlawful uses of laser pointers in Boca Raton carry much steeper penalties. For example, pointing a lighting device at a person operating a car, boat, or aircraft is treated as a third-degree felony. The penalty for this crime is up to five years in prison and a fine up to $5,000.
The most serious offense involves the use of a device on someone operating a car, plane, or boat that results in another person’s injuries. This includes damage to the driver’s and any wounds resulting from the crash. Under these circumstances, the offense is treated as a second-degree felony. It brings up to 15 years in prison and a maximum fine of $10,000.
Defense Strategies
There are many ways to defend against allegations of the illegal use of lasers in Boca Raton. One important consideration is intent. When a person using a laser pointer disrupts someone operating a car, it is not a crime if they do so unintentionally. However, proving intent can be challenging with help from skilled legal counsel. The State must prove an intentional act for their to be any crime committed
Ultimately, the prosecutor must prove each element of the crime beyond a reasonable doubt. Instead of providing an excuse or an alternate theory, a lawyer can challenge the weakness of the state’s case. It can be difficult to show with any certainty that a person used the pointer illegally, intentionally or, in some cases, that they even possessed one at all.
There are other options for fighting these charges, from arguing that the item does not qualify as a laser pointer to alleging a civil rights violation. An attorney can look at the facts and identify the right approach.
Talk to an Attorney in Boca Raton About Illegal Use of Laser Pointers
If you are facing these allegations, the potential penalties that come with it cannot be ignored. An aggressive strategy may help you avoid a conviction and clear your criminal record.
The team of Leifert & Leifert knows how to face these accusations and win. Contact us immediately to talk to an attorney about the illegal use of laser pointers in Boca Raton.
