Criminal Attorney For Improper Exhibition of a Weapon or Firearm In Okaloosa County
Arrest For Improper Exhibition Of Dangerous Weapons or Firearms & The Penalties
This is a commonly charged offense here in Okaloosa County. Many people possess guns and carry knives. If that weapon is displayed to someone that does not approve, you could be charged with Improper Exhibition of a Firearm or even Aggravated Assault.
Both are very broadly construed and overcharged by police in Destin, Fort Walton Beach and elsewhere in Okaloosa County.
Florida Statute §790.01(13) defines a deadly weapon as any instrument that can cause death or great bodily harm when used in its intended capacity. Any weapon (or object) whose sole purpose is to inflict great bodily harm is a deadly weapon per se; while any object that is not designed to be used as a weapon can also be considered a deadly weapon if the intent is to cause bodily harm when used. This may include electronic tasers and stun guns.
“Firearm” as defined in Fla. Stat. 790.01(6) is a weapon that is designed to, or can be converted to expel a projectile by an explosive action; the frame or receiver of the weapon; muffler or silencer; any destructive device; or any machine gun. Please note that Fla. Stat. 790.001(1) excludes antique firearms (muzzleloaders) unless used in the commission of a crime.
What The State Must Prove To Convict An Individual For Improper Exhibition Of Dangerous Weapons
Governed by Fla. Stat. §790.10 the state has the burden of proving beyond reasonable doubt three elements to prove improper exhibition of a weapon or firearm.
- The defendant had possession of a weapon.
- The weapon was exhibited in a rude, careless, angry, reckless, or threatening manner.
- The defendant exhibited the weapon in the presence of one or more persons.
What Are The Penalties?
Improper exhibition of dangerous weapons is a first-degree misdemeanor and under Fla. Stat. 775.082 is punishable by up to one year in jail and/or $1,000 in fines.
If you or a family member has been arrested for illegally displaying a firearm or other weapon in Fort Walton Beach, Destin, or elsewhere in Okaloosa County, call me at (850) 362-6655 to discuss what I can do….the call is free.
For more information, see the Florida Penal Statute on Improper Exhibition Of Dangerous Weapons or Firearms