Improper Exhibition of a Weapon or Firearm

Improper Exhibition of a Weapon or Firearm

Tampa Improper Exhibition of a Weapon or Firearm Attorney

In Florida it is against the law for a person to exhibit a weapon or firearm in a rude, careless, angry, or threatening manner, not in necessary self-defense.

To convict an accused of Improper Exhibition of a Weapon or Firearm, the prosecutor must prove:

  1. The accused carried a weapon or firearm.
  1. The accused exhibited the weapon or firearm in a rude, careless, angry, or threatening manner.
  1. The accused did so in the presence of one or more persons.

Maximum Penalties for Improper Exhibition of a Weapon or Firearm in Florida

In Florida, Improper Exhibition of a Weapon or Firearm is a first-degree misdemeanor punishable by a maximum of:

One year of imprisonment
A $1,000.00 fine
12 months of probation

Possible Defenses to an Improper Exhibition of a Weapon or Firearm Charge:

  1. The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in threatening to use force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other’s imminent use of unlawful force.

Under the Florida Stand Your Ground Law, a person accused of Improper Exhibition of a Weapon or Firearm must prove by the greater weight of the evidence, that their actions were justified.

For example, imagine a road rage incident in which Mike cuts off Dan in traffic.  Dan then becomes enraged and follows Mike into a parking lot and threatens to attack him.  In response, Mike removes a firearm from his glove compartment and angrily waives it around so that Dan will not attack him.

If during their investigation the police were to determine that the Florida Stand Your Ground Law applied, then they would not even arrest Mike.

If the Police did arrest Mike, the Florida Stand Your Ground Law may still apply.  Mike’s attorney could request a hearing before a judge in which Mike could testify and tell the judge his or her side of the story.  If the judge were to determine that the Florida Stand Your Ground Law applied, the judge would dismiss the case against Mike.

  1. Self Defense to an Improper Exhibition of a Weapon or Firearm Charge

Even if a judge were to determine that there was insufficient evidence to dismiss the case under the Florida Stand Your Ground Law, a person accused of Improper Exhibition of a Weapon or Firearm can claim he or she acted in Self-Defense.

One of the differences between Florida Stand Your Ground Law and Self Defense is in the burden of proof.  In the Florida Stand Your Ground Law, the Defendant has the burden to show by the greater weight of the evidence, that he or she was justified in using threats or force.  However, In Self-Defense, the State has the burden to show beyond a reasonable doubt that the Defendant was not justified in using threats or force.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in exhibiting the weapon or firearm to protect himself, then the jury or judge should find the person not guilty.

Are you looking for the best criminal defense lawyer in Tampa Florida to represent you in an Improper Exhibition of a Weapon or Firearm case?

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Improper Exhibition of a Weapon or Firearm.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling Improper Exhibition of a Weapon or Firearm charges.

If you or a loved one has been arrested for Improper Exhibition of a Weapon or Firearm in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.