A laser pointer is very dangerous when not used for its intended purposes. Improper use of these devices can cause hazardous conditions, such as sudden startle, glare, flash blindness, or a mistaken belief that the infrared light is from the scope of a gun.

In some cases, the use of a laser pointer is a crime that can potentially lead to harsh penalties. If you are accused of illegal use of laser pointers in Delray Beach, a seasoned defense Attorney at Leifert & Leifert can help you fight these charges.

When Laser Pointer Usage is Illegal

Since shining a laser pointer on someone can interfere with their vision, laser pointer use is particularly dangerous when the target is doing certain activities. For example, shining a laser pointer at a person driving a car could cause an accident.

Shining a laser pointer at certain individuals in Delray Beach is also illegal. According to Fla. Stat. Ann. § 784.062, you have committed illegal use of a lighting device if you:

  • Knowingly or willfully shine, point, or focus the beam of the device at a Law Enforcement Officer;
  • The Law Enforcement Officer is engaged in performing their official duties; and
  • The use of the laser device would lead a reasonable person to believe a firearm is pointed at them.

Further, a Court could find you guilty of illegally using a laser device if you shine, point or focus a laser beam at any person operating a motor vehicle, vessel, or aircraft.

The statute defines a laser lighting device as any handheld device not attached to a firearm and emitting a laser beam designed as a pointer or highlighter. A laser lighting device can also be used to amplify electromagnetic radiation by stimulating emission.

Illegal Laser Pointer Use Can Lead to Jail Time and Fines

The penalties for illegal laser pointer use in Delray Beach can vary greatly under Fla. Stat. Ann. § 784.062. If you are charged with illegally using a laser pointer, consulting with one of our Lawyers can help you understand the potential penalties you could face.

If you are convicted for knowingly or willfully shining or focusing a laser pointer device at a Law Enforcement Officer performing their duties or in a way that imitates a firearm, the offense is considered a noncriminal violation. A noncriminal offense does not carry jail time, but you could face a fine of up to $500, according to Fla. Stat. Ann. § 775.083.

However, if you are found to have illegally shined or aimed a laser beam device at a person operating a motor vehicle, vessel, or aircraft, this is considered a third-degree Felony. The offense is punishable by a maximum Prison term of up to five years and a fine of up to $5,000, according to Fla. Stat. Ann. § 775.082 and Fla. Stat. Ann. § 775.083.

The crime is upgraded to a second-degree Felony if the illegal use of a laser pointer towards a motor vehicle, vessel or aircraft operator causes bodily injury. The penalties for a second-degree Felony are quite severe, with the potential for 15 years in jail and a fine up to $10,000.

Potential Defenses to Illegal Laser Pointer Use

When you are charged with a crime, a Prosecutor must prove in Court that you committed the offense. One of our Delray Beach Attorneys at Leifert & Leifert can help formulate the best defense to fight on your behalf in Court when you are charged with illegally using a laser pointer.

One potential defense strategy is to argue you lacked the intent necessary to commit the offense. A conviction under Fla. Stat. Ann. § 784.062 requires that you knowingly or willingly shined or focused the laser pointer device in an illegal manner.

The best defense in Court will depend on the specific facts of your case. Our Attorneys can determine the best evidence to support your defense.

Talk to a Delray Beach Lawyer For Illegal Laser Pointer Charges

Although using a laser pointer may seem harmless, using the device illegally can have harsh consequences. A Leifert & Leifert Attorney is ready to fight on your behalf if you were charged with illegal use of laser pointers in Delray Beach.

Our Lawyers have a thorough understanding of statutes prohibiting the use of laser pointers and will work hard to achieve the best result for your case. Please contact our firm today about a free initial consultation and case review.

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