I carefully review each firearm case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Once hired I will immediately start working to:
1. Collect and review all written statements, photographs, 911 calls and video evidence;
2. Identify all possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program, and
5. Do whatever is necessary to avoid a criminal conviction
The facts of your improper exhibition case matter
The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.
- Were you stopped and detained for a lawful reason?
- Did you voluntarily consent to any such search?
- Did you unlawfully exhibit the firearm? Did you point it at anyone?
- Where was the firearm found and did the firearm belong to someone else?
- How many people had access to the place where the firearm was found?
- 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 improper exhibition of a firearm under Florida law
Under Florida statue 790.10, a person can be charged with this offense if caught publicly displaying a dangerous weapon or firearm in a rude, careless, angry, or threatening manner in the presence of at least 1 person.
How is Improper exhibition proven in Florida
Juries in Florida are given written instructions for each criminal charge to determine if the state has proven the charge for improper exhibition. The state must prove without a reasonable doubt the following three elements:
- The defendant had or carried a weapon;
- The defendant exhibited the alleged weapon in a rude, careless, angry, or threatening manner; and
- The defendant did so in the presence of one or more persons.
A “weapon” as defined by having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon.
Defenses to Improper exhibition
You’re not guilty of improper exhibition of a weapon or a firearm in Florida just because you’ve been arrested or charged with this offense. Did you unlawfully exhibit the weapon? Was it your weapon? Did you have the legal right to possess it? There are multiple defenses to contest a charge of Improperly Exhibiting a Firearm or Weapon. Some of the most common examples include the following:
- The instrument in question qualify as a “weapon” under applicable statutes;
- The manner of exhibition was not sufficiently careless, rude, or threatening;
- Self-defense;
- Defense of others;
- Defense of property;
- Witnesses not within the defendant’s “presence.”
Punishments for Improper Exhibition
Improper Exhibition of a weapon or a firearm is a first- degree misdemeanor heard in county court, heard before a county court Judge. Both crimes are punishable by up to one year in jail, followed by up to one year of probation and a $1,000 fine. Other sanctions include:
- community service
- educational classes
- individual or group counseling
- surrendering of firearms
- a no-alcohol provision
- a no-contact order
- random drug testing
Recent Florida improper exhibition case law
R.C.O v. State, 1D18-4515 (Fla.1st DCA 2019) Trial court erred in finding juvenile guilty of improper exhibition of dangerous weapon as lesser-included offense of aggravated battery with deadly weapon where delinquency petition did not include element that weapon was exhibited in “rude, careless, angry, or threatening manner”
Lambert v. State, 2d15-700 (Fla. 2nd DCA 2016) The State charged Cecil Lambert with two counts of attempted second-degree murder and one count of carrying a concealed firearm. With respect to the attempted second-degree murder counts, the jury found Mr. Lambert guilty of two counts of the lesser included offense of improper exhibition of a dangerous weapon.
CALL AN EXPERIENCED FIREARM DEFENSE LAWYER
If you have been charged with carrying a concealed firearm or any other criminal firearm offense then call my law office at 407-740-7275 for a free consultation. I am happy to meet with you to discuss the facts of your case and how I can help. I offer a free no obligation consultation so that I can learn about you, the facts of your case and what I can do to help.
I carefully review each firearm case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Once hired I will immediately start working to:
1. Collect and review all written statements, photographs, 911 calls and video evidence;
2. Identify all possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program, and
5. Do whatever is necessary to avoid a criminal conviction
The facts of your improper exhibition case matter
The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.
- Were you stopped and detained for a lawful reason?
- Did you voluntarily consent to any such search?
- Did you unlawfully exhibit the firearm? Did you point it at anyone?
- Where was the firearm found and did the firearm belong to someone else?
- How many people had access to the place where the firearm was found?
- 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 improper exhibition of a firearm under Florida law
Under Florida statue 790.10, a person can be charged with this offense if caught publicly displaying a dangerous weapon or firearm in a rude, careless, angry, or threatening manner in the presence of at least 1 person.
How is Improper exhibition proven in Florida
Juries in Florida are given written instructions for each criminal charge to determine if the state has proven the charge for improper exhibition. The state must prove without a reasonable doubt the following three elements:
- The defendant had or carried a weapon;
- The defendant exhibited the alleged weapon in a rude, careless, angry, or threatening manner; and
- The defendant did so in the presence of one or more persons.
A “weapon” as defined by having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon.
Defenses to Improper exhibition
You’re not guilty of improper exhibition of a weapon or a firearm in Florida just because you’ve been arrested or charged with this offense. Did you unlawfully exhibit the weapon? Was it your weapon? Did you have the legal right to possess it? There are multiple defenses to contest a charge of Improperly Exhibiting a Firearm or Weapon. Some of the most common examples include the following:
- The instrument in question qualify as a “weapon” under applicable statutes;
- The manner of exhibition was not sufficiently careless, rude, or threatening;
- Self-defense;
- Defense of others;
- Defense of property;
- Witnesses not within the defendant’s “presence.”
Punishments for Improper Exhibition
Improper Exhibition of a weapon or a firearm is a first- degree misdemeanor heard in county court, heard before a county court Judge. Both crimes are punishable by up to one year in jail, followed by up to one year of probation and a $1,000 fine. Other sanctions include:
- community service
- educational classes
- individual or group counseling
- surrendering of firearms
- a no-alcohol provision
- a no-contact order
- random drug testing
Recent Florida improper exhibition case law
R.C.O v. State, 1D18-4515 (Fla.1st DCA 2019) Trial court erred in finding juvenile guilty of improper exhibition of dangerous weapon as lesser-included offense of aggravated battery with deadly weapon where delinquency petition did not include element that weapon was exhibited in “rude, careless, angry, or threatening manner”
Lambert v. State, 2d15-700 (Fla. 2nd DCA 2016) The State charged Cecil Lambert with two counts of attempted second-degree murder and one count of carrying a concealed firearm. With respect to the attempted second-degree murder counts, the jury found Mr. Lambert guilty of two counts of the lesser included offense of improper exhibition of a dangerous weapon.
CALL AN EXPERIENCED FIREARM DEFENSE LAWYER
If you have been charged with carrying a concealed firearm or any other criminal firearm offense then call my law office at 407-740-7275 for a free consultation. I am happy to meet with you to discuss the facts of your case and how I can help. I offer a free no obligation consultation so that I can learn about you, the facts of your case and what I can do to help.
