Improper Exhibition of a Weapon
Florida is one of only a few states in the country that prohibits the open carrying of firearms. Florida Statute § 790.053 does provide an exception for a licensed person lawfully carrying a firearm in a concealed manner “to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.”
If a person brandishes a firearm or weapon in the Sunshine State, the alleged offender can be charged with improper exhibition of a dangerous weapon or firearm. Some people are accused of this crime as the result of misunderstandings when weapons were displayed in decidedly non-threatening manners, while several others face this charge in addition to other criminal charges such as alleged assault.
Lawyer for Improper Exhibition of a Weapon Arrests in Brooksville, FL
If you were arrested for the alleged improper exhibition of a firearm or dangerous weapon in West Central Florida, it is in your best interest to retain legal counsel as soon as possible. Ashley M. Aulls, P.A. defends clients accused of weapon and firearm offenses throughout the greater Hernando County area, including Brooksville, Wildwood, Weeki Wachee, Spring Hill, New Port Richey, Inverness, and many others.
Brooksville criminal defense attorney Ashley Aulls can identify your strongest legal defenses and fight to possibly get the criminal charges dismissed. Call (352) 593-4115 right now to take advantage of a free consultation that will let our lawyer review your case and help you understand all of your legal options.
Florida Improper Exhibition of a Weapon Information Center
- When can a person be charged with this crime?
- What are the consequences of being convicted and are there any defenses?
- Where can I find more information about improper exhibition offenses in Brooksville?
Under Florida Statute § 790.10, an alleged offender can be charged with improper exhibition of a dangerous weapon or firearm if he or she exhibits any of the following “in a rude, careless, angry, or threatening manner, not in necessary self-defense”:
- Sword cane;
- Electric weapon or device; or
- Any other weapon
In order for a person to be charged with this crime, the alleged exhibition must have occurred in the presence of one or more persons. How another person perceived the exhibition of the weapon or firearm is typically more important than what the alleged offender says his or her intent was.
Improper exhibition of a dangerous weapon or firearm is a first-degree misdemeanor under state law. A conviction is punishable by:
- Up to one year in jail; and/or
- A fine of up to $1,000.
People who are accused of these crimes often have legitimate self-defense claims that may be valid reasons for having the criminal charges dismissed. Exhibition of weapons or firearms may be deemed justifiable uses of force under any one of the following provisions of state law:
- Use of force in defense of person, Florida Statute § 776.012 — Under this statute, a person is justified in using force against another person when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.
- Use of force in defense of others, Florida Statute § 776.031 — Under this statute, a person is justified in the use of force against another person when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect.
Firearms Training Manual | Florida Department of Agriculture and Consumer Services — View this manual that discusses many of the basics regarding firearm ownership in Florida. The Firearms Training Manual (FTM) establishes the minimum training criteria for firearm licensing courses. The manual covers firearms safety, drawing and holstering a gun, and loading and unloading various weapons.
Kase v. State, 581 So. 2d 612 — Fred Kase appealed his convictions for aggravated assault with a deadly weapon and improper exhibition of a weapon based on the contention that the dual convictions violated double jeopardy principles. The trial court denied his motion for acquittal and the Florida First District Court of Appeal affirmed that Florida Statute § 775.021(4)(b) “permits dual convictions and sentences for criminal offenses arising out of one act, episode or transaction where each offense has at least one statutory element that the other does not.” The court noted that the evidence “did not support appellant's contention that his use of deadly force was justified by the threat of an imminent forcible felony against his mother, or for his own protection.”
Ashley M. Aulls, P.A. | Brooksville Improper Exhibition of a Weapon Lawyer
Were you arrested for allegedly exhibiting a firearm or weapon in West Central Florida? Do not say anything to authorities until you have first contacted Ashley M. Aulls, P.A..
Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents residents of and visitors to communities in Citrus County, Hernando County, Pasco County, and Sumter County. He can provide an honest and through evaluation of your case during a free, confidential consultation as soon as you call (352) 593-4115 or complete an online contact form today.