Improper Exhibition of a Weapon / Firearm
The experienced Palm Beach and Broward County criminal defense lawyers at Leifert & Leifert represent criminal cases of all types, including cases of an improper exhibition of a dangerous weapon/firearm. As a partnership of former prosecutors, our attorneys are uniquely skilled at handling these types of cases. When we served as state prosecutors, we handled these very cases; as such, our past experiences enable us to now defend these types of cases with unmatchable strategy.
According to s. 790.10 of the Florida State Statutes, “If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Subsection s. 790.10 maintains that an individual who brandishes a weapon, either a dirk, sword, sword cane, firearm, electric weapon or deice, or other weapon, in the presence of one or more people in a “rude, careless, angry, or threatening” fashion, will be guilty of a first-degree misdemeanor. In cases like this, there is a great deal of weight is placed upon witness accounts and accounts of responding law enforcement officers. The subsection also states that someone doing the above not in a necessitated act of self-defense, is guilty of the first-degree misdemeanor, meaning that if the person is acting in self-defense, they are not in violation of the section.
The Palm Beach and Broward County criminal defense attorneys at Leifert & Leifert know that when we represent these cases, it is imperative that we demonstrate a) that our client didn’t exhibit the weapon in a rude, careless, angry or threatening way, or b) that our client brandished the weapon in self-defense, a right that the Florida State Statutes emboldens in a variety of areas. Retention of an experienced legal team like ours is important, because being convicted of this crime can yield harsh penalties.
If convicted of improperly exhibiting a weapon or firearm as described above, the individual will be punished for the crime of a first-degree misdemeanor as provided in s. 775.082. According to 775.082, a first-degree misdemeanor is punishable by a definite prison sentence not exceeding 1 year. Florida Statute s. 775.083, however, adds another nuance to the punishment equation. This subsection allows for a fine to be imposed in addition to the penalty detailed in s. 775.082. Additionally, s. 775.083 also notes that, statutes permitting, someone convicted of a crime may be sentenced to pay a fine in lieu of serving prison time. For example, a first-degree misdemeanor conviction stemming from a violation of s. 790.10 can yield either a 1-year (maximum) prison sentence or a $1,000 fine, or both.
If you have been arrested for or charged with the crime of improperly exhibiting a dangerous weapon or other firearm in Palm Beach, Broward or Miami-Dade County, please contact our experienced criminal defense attorneys. Being charged with or convicted of a first-degree misdemeanor such as the crime described above can tarnish your reputation. Contact us for a free consultation at 1-888-5-DEFEND (1-888-533-3363).