Discharging a Firearm in Public or on Residential Property
Discharging a Firearm in Public or on Residential Property allegations
SLG Law has experienced criminal defense attorneys who represent citizens charged with discharging a firearm in public or on residential property.
You knowingly discharged a firearm in a public place,
knowingly discharged a firearm on or over the right of way of a paved public road, highway, or street,
knowingly discharged a firearm over an occupied premises,
recklessly or negligently discharged a firearm outdoors on property used primarily as the site of a dwelling or zoned exclusively for residential use
"Recklessly" = with a conscious and intentional indifference to consequences.
"Negligently" = failing to use reasonable care under the circumstances.
Violation of Discharging a Firearm is a 1st Degree Misdemeanor, punishable by up to 1 year in jail.
Discharging a firearm from a vehicle within 1,000 feet of any person, is a 2nd Degree Felony punishable by up to 15 years in prison.
Any driver or owner of a vehicle who knowingly directs a person to discharge a firearm from a vehicle commits a 3rd degree felony, punishable by up to 5 years in prison.
Along with the common defenses of attacking the evidence, lack of evidence, and conflict in the evidence, you can provide your own witnesses and evidence. Other common defenses include that you were acting in self defense, or that the discharge was accidental, and not knowingly. Another defense may be that you were hunting in compliance with the law and expressly approved by the Fish and Wildlife Conservation Commission or Florida Forest Service.
Shorstein, Lasnetski & Gihon