Under the Second Amendment of the Constitution, individuals who are not convicted felons are allowed to own a weapon or firearm. However, it is important to note that gun ownership may be restricted under state and federal laws. Those who qualify to own a firearm cannot carry it concealed, however, without a permit/license. Regardless of whether you qualify to own a gun or firearm, it is illegal to exhibit your weapon or firearm in an improper manner. If arrested for improper exhibition of a firearm, you may face first-degree misdemeanor charges that carry harsh criminal penalties. At Adams & Luka, our Orlando weapon defense attorneys have the experience, skill, and dedicated approach necessary to achieve the best possible results in your case.
Florida Statute §790.10 makes it unlawful for an individual to carry or exhibit a firearm or weapon in a way that is careless, rude, shows anger, or is threatening in any way in front of one or more individuals. While it is illegal to exhibit guns or firearms improperly, this is also the case with electric weapons, swords, dirks, and other prohibited weapons.
Defenses to Charges of Improper Exhibition of a Firearm in FloridaProsecutors for the state must prove specific elements of a crime for the accused to be found guilty beyond a reasonable doubt. With improper exhibition of a firearm, the elements that must be proven include:
Orlando defense attorneys for improper exhibition of a firearm will often challenge the evidence brought by prosecutors in an effort to prevent the state from proving all of the elements of the crime. In addition, self defense may be an effective defense strategy in order to secure an acquittal of the charges. Ultimately, our goal is to have charges dismissed before the case goes to trial when possible; otherwise, there may be legal options such as having charges reduced in a plea agreement with prosecutors.
Criminal Penalties for Improper Exhibition of a Firearm in Orlando & Central FloridaAs mentioned earlier, improper exhibition of a firearm is a first-degree misdemeanor. If found guilty, punishment may include the following penalties, or any combination thereof as determined by the judge:
As seasoned Orlando defense attorneys, we know the impact of a conviction is much more far-reaching than the criminal penalties themselves. A conviction will result in a criminal record, and could negatively affect your reputation, career, and relationships.
Contact Adams & Luka TodayNo one wants to face potential jail time or probation, and the sooner you take action, the sooner work can begin to protect your legal rights, freedom, and future. At Adams & Luka, we provide aggressive, effective legal guidance and support for all clients. Exceptional legal representation is what we do. Contact us for a free consultation today at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.