Discharging a Firearm in Public or on Residential Property


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
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.


What is Discharging a Firearm in Public or on Residential Property?

Discharging a firearm in public or on residential property is defined in Florida Statute 790.15.  To prove the crime of Discharging a firearm in public or on residential property, the State must prove:

You knowingly discharged a firearm in a public place,

or

knowingly discharged a firearm on or over the right of way of a paved public road, highway, or street,

or

knowingly discharged a firearm over an occupied premises,

or

 recklessly or negligently discharged a firearm outdoors on property used primarily as the site of a dwelling or zoned exclusively for residential use



What is a "public place?"

A "public place" is any place intended or designed to be frequented or resorted to by the public. 


What is "knowingly," "recklessly," and "negligently?"

"Knowingly" = full knowledge and intentionally.

"Recklessly" = with a conscious and intentional indifference to consequences.

"Negligently" = failing to use reasonable care under the circumstances.


What are the possible sentences for Discharging a Firearm in Public or on Residential Property?

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

What are the potential defenses to Discharging a Firearm?

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. 

If you or a loved one has been charged or accused of Discharging a Firearm,

Call us Now!

Shorstein, Lasnetski & Gihon

904-642-3332 (Jacksonville)
or
407-228-2019
(Orlando).
Contact Us 24/7 Se habla Español