I have extensive experience in defending shooting or throwing a deadly missile cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each shooting or throwing a deadly missile case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced shooting or throwing a deadly missile attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS shooting or throwing a deadly missile
Under Florida law 790.19, shooting or throwing a deadly missile is a serious charge. Shooting or throwing a deadly missile is the projection of a dangerous object at a building, vehicle, or vessel, with wanton or malicious intent.
HOW IS shooting or throwing a deadly missile PROVEN IN FLORIDA?
To prove the crime of shooting or throwing a deadly missile, the State must prove the following three elements beyond a reasonable doubt. Read the full shooting or throwing a deadly missile standard jury instructions.
- The Defendant shot a firearm, threw a missile, or hurled or projected a stone or other hard substance that would produce death or great bodily harm;
- The Defendant did so at, within, or into [a public or private building, occupied or unoccupied], [a public or private bus], [a train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind that was being used or occupied by any person], [a boat, vessel, ship, or barge lying in or plying the waters of this state], or [an aircraft flying through the air space of this state]; and
- The act was done wantonly or maliciously.
Penalties for Shooting or throwing a deadly missile
Shooting or throwing a deadly missile is classified as a second degree felony that is punishable by up to fifteen years in prison and up to a $10,000 fine. Other penalties include:
- County jail
- Permanent criminal conviction
- Community control, house arrest or supervised probation
- Anger Management Course
- Forfeiture of the firearm
DEFENSES FOR Shooting or throwing a deadly missile
There are many defenses available to contest the charge of shooting or throwing a deadly missile. Some of the more common defenses include the following:
- Police acquired evidence of the offense through an unlawful search, seizure, or interrogation.
- The object does not constitute a “missile” or other qualifying object under Florida law
- The object did not and is not capable of producing great bodily harm or death;
- The object at issue is an unidentified object;
- Lack of evidence that the defendant threw or otherwise projected the object;
- The object thrown or projected in an accidental or negligence manor and without malicious intent
Shooting or throwing a deadly missile CASE LAW
Carter v. State, 469 So. 2d 775 (Fla 1st DCA 1984) -Defendant appeals the conviction on the grounds that the State failed to prove what was thrown, that it could produce death or great bodily harm, or that it was thrown at the building. I would reverse and remand for a new trial.
I DEFEND ALL shooting or throwing a deadly missile CASES
If you were recently arrested or charged with any Florida Shooting or throwing a deadly missile offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending shooting or throwing a deadly missile cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each shooting or throwing a deadly missile case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced shooting or throwing a deadly missile attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS shooting or throwing a deadly missile
Under Florida law 790.19, shooting or throwing a deadly missile is a serious charge. Shooting or throwing a deadly missile is the projection of a dangerous object at a building, vehicle, or vessel, with wanton or malicious intent.
HOW IS shooting or throwing a deadly missile PROVEN IN FLORIDA?
To prove the crime of shooting or throwing a deadly missile, the State must prove the following three elements beyond a reasonable doubt. Read the full shooting or throwing a deadly missile standard jury instructions.
- The Defendant shot a firearm, threw a missile, or hurled or projected a stone or other hard substance that would produce death or great bodily harm;
- The Defendant did so at, within, or into [a public or private building, occupied or unoccupied], [a public or private bus], [a train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind that was being used or occupied by any person], [a boat, vessel, ship, or barge lying in or plying the waters of this state], or [an aircraft flying through the air space of this state]; and
- The act was done wantonly or maliciously.
Penalties for Shooting or throwing a deadly missile
Shooting or throwing a deadly missile is classified as a second degree felony that is punishable by up to fifteen years in prison and up to a $10,000 fine. Other penalties include:
- County jail
- Permanent criminal conviction
- Community control, house arrest or supervised probation
- Anger Management Course
- Forfeiture of the firearm
DEFENSES FOR Shooting or throwing a deadly missile
There are many defenses available to contest the charge of shooting or throwing a deadly missile. Some of the more common defenses include the following:
- Police acquired evidence of the offense through an unlawful search, seizure, or interrogation.
- The object does not constitute a “missile” or other qualifying object under Florida law
- The object did not and is not capable of producing great bodily harm or death;
- The object at issue is an unidentified object;
- Lack of evidence that the defendant threw or otherwise projected the object;
- The object thrown or projected in an accidental or negligence manor and without malicious intent
Shooting or throwing a deadly missile CASE LAW
Carter v. State, 469 So. 2d 775 (Fla 1st DCA 1984) -Defendant appeals the conviction on the grounds that the State failed to prove what was thrown, that it could produce death or great bodily harm, or that it was thrown at the building. I would reverse and remand for a new trial.
I DEFEND ALL shooting or throwing a deadly missile CASES
If you were recently arrested or charged with any Florida Shooting or throwing a deadly missile offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
