Brandishing a weapon, unless doing so in self-defense, is illegal in the state of Florida. The public can be ultra-sensitive to even legal displays of weapons and may overreact with a call to law enforcement. If you have been arrested for improper exhibition of a weapon or firearm, a criminal defense attorney can help you minimize the consequences of the charge. Although improper exhibition of a firearm is a misdemeanor, any weapons charge on your permanent record can mean consequences in employment opportunities and any legal issues that may occur in the future.
Roelke Law, P.A. is run by Jacksonville criminal defense attorney William Roelke who has defended the accused for over 20 years. Roelke will go through the events that led to your arrest from your point of view. He will immediately access court documents filed by law enforcement explaining their interpretation of events. Time is of the essence, as a lawyer’s quick action in presenting new information to the prosecutors may prevent you from being charged with a crime altogether.
For those seeking legal counsel in Northeast Florida, including Jacksonville, Neptune Beach, St. Augustine, Keystone Heights, Fernandina Beach, and Hilliard, call (904) 354-0333 today for a free, no obligation consultation.
Improper exhibition of a dangerous weapon in Florida is a broad statute that requires interpretation of the defendant’s actions, how witnesses felt, and what a reasonable person would assume.
There are several elements. First, it is important to determine that the improperly exhibited object is a weapon, as defined by Florida. Fla. Stat. § 790.10 states that any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon is considered in this statute.
The term weapon is defined in Fla. Stat § 790.001(13) as any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
If any person having or carrying one of these objects, in the presence of one or more persons, exhibits the object in a rude, careless, angry, or threatening manner, no in necessary self-defense, they are guilty of improper exhibition of a dangerous weapon.
A competent lawyer will push the prosecutors to prove the object was displayed in what a reasonable person would consider rude, careless, angry, or threatening. Since the law is not clear on exactly what actions are illegal, much of the argument comes to whether the offender put other people at risk, according to how a reasonable person would interpret the event.
The sentence for improper exhibition of a firearm or dangerous weapon in Florida is a misdemeanor of the first degree. First degree misdemeanors are punishable by up to one year in jail and a $1,000 fine. In lieu of jail time, the court may impose probation with requirements of community service, classes, and curfews.
The court may allow a deferred adjudication program that would remove the conviction from your criminal record if successfully completed.
Your defense attorney will review every detail of your arrest as well as learning more about your history. We will pull together evidence from the incident in question through interviews with you and other witnesses. We know that some people have a heightened sensitivity to weapons and firearms that are being legitimately carried or displayed.
[[$firm]] will look into your experience handling firearms to show why a witnesses overreacting set off a chain of events leading to your arrest. Visual evidence and inconsistencies between witness and police reports may provide enough reasonable doubt about the incident that a prosecutor cannot meet the bar for conviction.
If the reason for carrying or displaying a weapon or firearm is self-defense, the defendant must be found not guilty.
William Roelke has been in criminal defense for over 20 years. Any case is neither too complex or too simple to be tackled, and each client is personally represented by William Roelke. Though a misdemeanor may seem slight, any criminal record can lead to consequences that cannot be imagined today. Criminal defense attorneys see clients every day whose case is made worse by a past misdemeanor on their record, especially a conviction involving firearms.
Call us at (904) 354-0333 to get started on your case. We will schedule a free consultation and begin to work your defense immediately.
