When Can I Fire Warning Shots in Florida?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, someone may fire “warning shots” in response to an imminent threat of death or great bodily harm. These are shots that are not intended to kill or even injure a victim – but are instead fired to indicate that someone is armed and willing to use additional deadly force if this becomes truly necessary to defend themselves or others.

However, firing warning shots can itself be considered a serious crime (even a felony). If done without lawful justification, charges for firing warning shots may range from discharge of a firearm in public or on residential property (Fla. Stat. Section 790.15) to an allegation of attempted second-degree murder (Fla. Stat. 782.04 and 777.04). 

Note: If someone is convicted of attempted second-degree murder involving discharge of a firearm – even a discharge that does not kill or injure a victim – this is punishable by a mandatory minimum of 20 years in prison under Fla. Stat. 775.087 (10-20-Life law).

In Florida, warning shots, even if fired in the air and not aimed near a specific target, constitutes deadly force. Hosnedl v. State, 126 So.3d 400 (Fla. 4th DCA 2013). Thus, law enforcement is not likely to simply overlook the intentional discharge of a firearm unless this was legally justified in response to a threat.

Given this sobering reality, when can warning shots legally be fired in Florida? This blog will discuss situations in Florida where warning shots can and cannot be fired legally.

Under Fla. Stat. 776.012 and 776.032, a person in Florida is permitted to use deadly force (including by discharging a firearm) if they reasonably believe it’s necessary to prevent imminent death or great bodily harm to themselves or another – or to prevent the commission of a forcible felony (robbery, aggravated battery, etc.).

For a warning shot to be legal, the situation in which the shot is fired must meet the requirements for the use of deadly force under 776.012(2). This means:

• The person must have a reasonable belief that they or someone else is in imminent danger of death or great bodily harm, or a forcible felony is about to occur
• The threat must be imminent (immediate and unavoidable)
• The response must be reasonably proportionate to the threat (e.g. if someone yells an insult at another and a warning shot is fired in response, this is not proportionate as it is deadly force in response to mere words)

Given Florida’s Stand Your Ground law and the position of Florida’s courts on warning shots, the following circumstances are likely to constitute legally justified warning shots:

• A homeowner fires a warning shot into the air as an armed intruder breaks into the house
• A driver fires their gun into the air when an armed carjacker begins to open their door, threatening to kill them
• An attacker with a knife rushes towards a cornered man in an alley – he fired to avoid being stabbed
• A domestic violence victim fires a warning shot into the side wall to stop her abuser from advancing towards her with a weapon

In each of these circumstances, the shooter reasonably believes they are in imminent danger of death or great bodily harm. As a result, Florida’s Stand Your Ground law allows use of deadly force – including warning shots.

Important: Someone cannot invoke Stand Your Ground to justify the use of deadly force (including warning shots) if they provoke a violent encounter with another, then use deadly force. Martinez v. State, 981 So. 2d 449, 452 (Fla. 2008). 

However, if someone provoked a threat against another person, they may still use deadly force to protect that other person if that other person is at imminent risk of death or great bodily injury. Bouie v. State, 292 So. 3d 471 (Fla. 1st DCA 2020)

The next class of “warning shots” are likely to be classified as first-degree misdemeanor discharge of a firearm in public or on residential property (punishable by up to 1 year in jail). This occurs when a defendant knowingly discharges a firearm in a place prohibited by the statute (Fla. Stat. 790.15) without lawful justification. Examples may include:

• Firing a single warning shot in the air during a road rage incident on a public street during a yelling match
• Firing a shot into the air at a beach or park to scare off a trespasser who is not armed or threatening
• Firing a warning shot because someone is standing in your yard, but they are unarmed and not violent
• Shooting near homes or in neighborhoods generally if not done for a specific, lawful purpose

Note: If someone discharges a firearm from a vehicle within 1,000 feet of another person or knowingly directs another person to do so, a violation of Fla. Stat. 790.15 is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

If someone is injured by a warning shot that was fired without lawful justification, the person who fired the shot may be charged with aggravated battery under Fla. Stat. 784.045 (if there was no intent to kill). Aggravated battery is a second-degree felony punishable by up to 15 years in prison.

However, aggravated battery is covered by 10-20-Life law. This means that if a firearm is used during the offense, the following penalties apply:

• If the firearm was brandished or carried, a mandatory minimum of 10 years in prison
• If the firearm was discharged and the victim was not injured or killed, a mandatory minimum of 20 years in prison
• If the firearm discharge injured or killed a victim, a mandatory minimum of 25 years to life in prison

Note: If someone is sentenced under a designated enhancement in Florida (such as HFO, HVFO, PRR, VCC, TTVFO, etc.), these penalties are likely to be even harsher.

Examples of “warning shots” that may turn into aggravated battery charges under Fla. Stat. 784.045 may include:

• Firing a “warning shot” that unintentionally strikes someone in the leg during an argument 
• Shooting towards a stranger’s feet while they are walking towards your yard and striking their toe
• Discharging a gun at someone to scare them, but a bullet fragment unexpectedly wounds them

Perhaps most seriously of all, a warning shot may turn into an attempted second-degree murder charge in Florida. Attempted second-degree murder occurs when someone commits an overt and intentional act that was imminently dangerous to another and demonstrated a “depraved mind.” No intent to kill is required. Brown v. State, 790 So.2d 389 (Fla. 1999). 

An act is done with a deprived mind under Florida law when the following are all true of it:

• A person of ordinary judgment would know it’s reasonably certain to kill or to do serious bodily injury to another
• It is done from a place of ill will, hatred, spite or evil intent
• It is of such a nature that the act itself indicates indifference to human life

Like aggravated battery, attempted second-degree murder is a second-degree felony in Florida, punishable by up to 15 years in prison and a $10,000 fine. However, it is also subject to the 10-20-Life law – so a firearm discharge that leads to attempted second-degree murder charges carries a bare minimum of 20 years in prison.

Examples of “warning shots” that may turn into attempted-second degree murder charges include:

• Firing a shot at someone who is fleeing, out of anger or vengeance
• A homeowner firing at a car that is leaving their property after its driver trespassed
• Shooting into a crowd to scare one person

In sum, someone can warning shots in Florida as a reasonable and proportionate response to a threat of death or great bodily harm to themselves or others. But because warning shots are considered deadly force (even if fired into the air), someone may face serious criminal charges even if they did not injure or kill the alleged victim.

Such charges may include discharge of a firearm in public or on residential property (without legal justification) – a first-degree misdemeanor (punishable by up to 1 year in jail and a $1,000 fine) or third-degree felony (punishable by up to 5 years in prison and a $5,000 fine), depending on the facts of the case. 

But the potential penalties may be even worse. Depending on the facts of a case, a person may be charged after warning shots with aggravated battery or attempted second-degree murder (both covered by Florida’s 10-20-Life law) if the force was unjustified and either injured (or appeared reasonably likely to injure or kill) the victim.

If someone is charged with a felony that is potentially enhanceable for sentencing purposes under Florida’s 10-20-Life law, this can carry lengthy prison sentences and heavy financial penalties if they are convicted. It is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

  Social Share