While most firearms and weapons are not illegal by themselves, there are many actions that a person can take while in possession of one that may result in an arrest. One of the most common charges in Florida involving weapons is improper exhibition. A person may be charged with improper exhibition based on a misunderstanding or merely because another person became frightened despite the benign nature of the accused's actions.
A dedicated attorney can point out the flaws in the case against you and seek to have your charges reduced or dismissed before they ever make it to trial. At Meltzer & Bell, P.A., we fight for the rights of people accused of any charge relating to weapons or firearms. When you hire a skilled Fort Lauderdale improper exhibition lawyer from Meltzer & Bell, P.A., you will never have an inexperienced associate representing you. Our partners represent clients through every stage of the process.
Call us today at (954) 716-8538 to schedule a free consultation. We represent clients throughout Broward County from our Fort Lauderdale office, including in Hollywood, Pembroke Pines, Coral Springs, Pompano Beach, Miramar, Davie, Plantation, Deerfield Beach, Weston and Wilton Manors.
Under Florida Statutes Annotated § 790.10, it is illegal to exhibit a weapon in a way that is rude, careless, angry or threatening. The weapon may include:
It does not matter if there was no intent to use the weapon to harm someone, or if the weapon could not do very damage. The only thing that matters is that the weapon was displayed to a person and was done in one of the ways described.
The law makes a provision that it is legal to display a weapon in "necessary self defense." Chapter 776 of Florida Statutes lays out the provision surrounding self defense in the state.
Florida Statutes Annotated § 776.012 says a person is justified in using force, other than deadly force, if they reasonably believe the conduct is necessary to defend themselves against unlawful force by another. Florida Statutes Annotated § 776.031 extends that defense to the protection of others in preventing their person or real property from being trespassed upon.
Displaying a weapon would fall under the definition of force. It is a defense to the crime of improper exhibition if the accused was displaying the weapon or firearm because he or she reasonably believed the person to whom they were displaying the weapon was endangering them.
Additionally, charges for improper display may be based on misunderstandings or mistakes. A weapons may be accidentally exposed, and a person seeing it could become alarmed and call the police. A witness may see a person openly carrying a weapon for a lawful purpose under Florida Statutes Annotated § 790.25, such as for fishing, hunting or for target practice, and mistake it for a threat.
If you face charges for a weapon-related offense in Broward County, including improper exhibition of a dangerous weapon or firearm, an attorney can help you mount the strongest defense possible. At Meltzer & Bell, P.A., we fight for the rights of clients facing any type of firearm or weapon charge. Contact a skilled Fort Lauderdale improper exhibition lawyer at Meltzer & Bell, P.A. today at (954) 716-8538 to for a free consultation.
Click here to learn what Meltzer & Bell can do for you regarding your DUI by visiting our traffic department.