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Improper Exhibition of a FirearmTampa Attorney for Improper Exhibition of a Firearm or Weapon
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If you have been arrested for the crime of improper exhibition of a firearm or other dangerous weapon in Florida, contact an experienced Tampa criminal defense attorney to discuss your case and potential defenses. We represent people charged with improper exhibition of a firearm or other dangerous weapon in Tampa and Plant City in Hillsborough County, FL, and the surrounding areas of Clearwater and St. Petersburg in Pinellas County, Bartow and Lakeland in Polk County, New Port Richey and Dade City in Pasco County, and Bradenton in Manatee County, Florida.
The misdemeanor offense of "improper exhibition of a weapon" is also commonly referred to as "brandishing" a weapon. Many people are surprised to learn that the offense does not have to be committed intentionally. In other words, most crimes must be committed by acting intentionally, knowingly and willfully. However, under Florida law the charge of "improper exhibition of a firearm" can occur when the person accused acts in a "careless" manner without any intention to improperly display the weapon.
Recently, the Florida Senate has passed new legislation that creates a defense to another misdemeanor firearm statute for openly carrying a firearm if the display was an accident. It remains to be seen whether this new defense will also impact prosecutions for the "careless" improper exhibition of a firearm.
Florida Statute Section 790.10 - Improper Exhibition of a Firearm
Under Florida Statute Section 790.10, the charge of improper exhibition of a firearm or other dangerous weapon is a first degree misdemeanor which is punishable by 12 months in the county jail and a $1,000 fine. The charge of improper exhibition of a firearm or other weapon requires proof beyond a reasonable doubt of the following elements:
- The Defendant carried a weapon;
- The Defendant exhibited the weapon in a threatening, careless, angry or rude manner;
- The Defendant did so in the presence of at least one other person.
The first degree misdemeanor offense of improper exhibition applies to any dangerous weapon including a sword, firearm or electric device such as a taser. If the Defendant committed the offense of improper exhibition of a dangerous weapon in self-defense, then the Defendant is not guilty of the crime.