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Improper Exhibition of Weapons

Weapon charge lawyer in Tallahassee

The Second Amendment allows Floridians to enjoy the right to keep and bear arms. However, improperly brandishing a firearm or other weapon can result in criminal charges.

Take for example a person who is at a populated event, such as at a football game. If that person possesses a weapon or firearm and begins to wave it around in the air in a careless manner, they can be arrested and charged with improper exhibition of a weapon or firearm.

It’s often that these types of charges are the result of a misunderstanding. It may be that people mistakenly assumed they were targets or felt otherwise endangered when a person had absolutely no criminal intent. However, it is important to point out that weapon and firearm charges will be taken very seriously in Florida. If you are accused of handling a weapon or firearm in the presence of another person in a rude or reckless manner, consider consulting with a defense attorney to represent your case.

Tallahassee Improper Exhibition of Firearm Lawyer

Were you recently arrested for improper exhibition of a dangerous weapon or firearm in Northern Florida? You should contact an experienced criminal defense attorney as soon as possible. There may be defense strategies available to help fight against a criminal conviction. While it can be difficult to navigate the complexities of the legal world on your own, working with a legal professional with Pumphrey Law can significantly impact your case.

Our firm provides legal representation for clients in the greater Tallahassee area, along with nearby communities such as Graceville, Mayo, Malone, Live Oak, and Marianna. Our attorneys can review your case and help you understand what legal options are available to you when you call (850) 681-7777 today to arrange a free, confidential consultation. Don’t let one mistake impact your future. Allow the lawyers with Pumphrey Law Firm to represent your case and fight to prevent a criminal conviction.

Leon County Improper Exhibition of Firearm or Weapon Overview

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Florida Charges for Improper Exhibition of Weapons

Under Florida Statute Section 790.10, a person can be charged with the offense of improper exhibition of dangerous weapons or firearms if they are accused of possessing by carrying on their person any weapon, firearm, electronic weapon or device, or other weapon in front of others in a rude or threatening manner.

A Weapon is defined under Florida Statute Section 790.001(20) as any of the following:

  • Any dirk;
  • Knife;
  • Metallic knuckles;
  • Slungshot;
  • Billie;
  • Tear gas gun; or
  • Chemical weapon or device.

A Firearm is defined under Florida Statute Section 790.001(9) as the following:
Any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. This term does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Provided by the Florida Criminal Jury Instructions, the State must prove the following elements beyond a reasonable doubt to convict a person of improper exhibition of a weapon or firearm:

  1. The defendant had or carried a weapon, firearm, dirk, sword, cane, or electronic device;
  2. The defendant exhibited the weapon or firearm in a rude, careless, angry, or threatening manner; and
  3. The defendant did so in the presence of one or more persons.

Important: The prosecution does not have to prove that the defendant was making a legitimate threat to be convicted of improper exhibition. As found in Kase v State, the defendant can be convicted for merely exhibiting the weapon or firearm in a rude manner rather than requiring a threat being made towards another person.

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Penalties for Improper Exhibition of Weapon / Firearm in Leon County

Florida Statute Section 790.10 classifies Improper exhibition of dangerous weapons or firearms as a first-degree misdemeanor in Florida. This means that if a defendant is convicted of this crime, he or she can face any combination of the following punishments:

  • Up to 12 months of probation;
  • Fines of up to $1,000; and
  • Up to one year in jail.

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Defenses to Improper Exhibition of Weapons or Firearm

A person who has been accused of improper exhibition of dangerous weapons or firearms should understand that an arrest does not equate to an automatic conviction. Some possible defenses that may be able to result in your charges being reduced or dismissed completely can include, but are not limited to:

  • Defendant had exhibited a firearm or weapon in self-defense;
  • The alleged weapon or dangerous device does not satisfy the definitions of weapons or firearms under Florida law;
  • No person or witness was in the defendant’s presence to determine whether the weapon or firearm was allegedly exhibited;
  • The alleged firearm or dangerous weapon was not exhibited in a rude, careless, angry, or threatening manner; or
  • The dangerous weapon or firearm in the defendant’s possession was exhibited in defense of property or in defense of other people.

Even if these defenses do not fit to your case, you should still reach out to a defense lawyer. There may be other defense strategies or avenues to fight against a conviction. Contact the defense team at Pumphrey Law to receive a free consultation.

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Find an Improper Exhibition of Weapons Lawyer in Tallahassee

If you have been arrested for improper exhibition of dangerous weapons or firearms in Tallahassee or other regions surrounding the Florida Panhandle, it is imperative that you seek the help of a skilled Tallahassee criminal defense attorney. Pumphrey Law aggressively defends clients against all types of firearms and weapons charges in state courts throughout the Sunshine State. We have a deep understanding of Florida’s laws and regulations when it comes to self-defense, lawful concealed carry, and discharging a firearm in public.

Pumphrey Law Firm serves clients in need of criminal defense throughout Leon County as well as many nearby areas of Madison County, Liberty County, Gadsden County, and Jefferson County. Contact our office at (850) 681-7777 right now to take advantage of a free consultation that will let us review your case and begin developing a formidable legal defense.

Page Updated March 19, 2024

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