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Improper Exhibition of Weapon or Firearm

If you have been arrested for the crime of improper exhibition of a firearm or other dangerous weapon in Florida, then contact an experienced criminal defense attorney in Tampa, Hillsborough County. These charges are often called "brandishing" a weapon. Related charges often include aggravated assault or carrying a concealed weapon.

Call our attorneys to discuss your case and defenses to these serious charges. We represent people charged with improper exhibition of a firearm or other dangerous weapon in Tampa and Plant City in Hillsborough County, FL. Since 2008 our offices have been at teh same location just a few blocks from the courthouse. Our attorneys are exclusively focused on criminal defense.

We also represent clients throughout the greater Tampa Bay area including Clearwater and St. Petersburg in Pinellas County, New Port Richey and Dade City in Pasco County, and Brookesville in Hernando County, Florida. Call 813-250-0500 to talk with us about the facts of your case today. Article last updated on Tuesday, July 2, 2014.

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 up to 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:

  1. The Defendant carried a weapon;
  2. The Defendant exhibited the weapon in a threatening, careless, angry or rude manner;
  3. 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.

Brandishing a Weapon under Florida Law

The misdemeanor offense of "improper exhibition of a weapon" is also commonly referred to as "brandishing" a weapon. Improper exhibition of a firearm is a permissive lesser-included offense of aggravated assault.

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.

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.

Finding an Attorney for Improper Exhibition of a Firearm in Tampa, FL

If you are charged with improper exhibition of a firearm, brandishing a weapon or a crime of violence in Tampa, FL, then contact an experienced criminal defense attorney at the Sammis Law Firm. We help clients charged with a varienty of different types of weapon charges throughout the Tampa Bay area including Hillsborough County, Pinellas County, Pasco County, Hernando County, and Polk County, Florida.