Orlando criminal defense attorney Rivas has represented many clients that have been charged with firearm charges including Improper exhibition of Firearm or Weapons.
On many occasions, the Orlando Criminal Defense Attorney has been able to obtain a No Information which results in the charges being dismissed by the State of Florida or Reduce the charges or dismiss them prior to trial due to several legal defenses.
If you are arrested in Florida for improper Exhibition of Firearms, it’s important that you hire an experienced criminal defense attorney that has the necessary experience and resources to investigate the facts of your case so that we can obtain the best possible outcome in your case.
What is Improper Exhibition of dangerous Weapons or Firearms in the State of Florida?
Florida Statute 790.10 defines Improper Exhibition of Dangerous weapons or Firearms as “Any person having or carrying any dirk, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree…”
Example of Factual Case arrest in Orlando Florida for Improper Exhibition of Weapons or Firearms.
Our Client was celebrating a holiday with his family at home in Orlando Florida. A neighbor called the police, claiming that our Client was playing his music too loud music in his home and was in violation of the City Noise Ordinance. When the officers arrived, they saw our Client walking in his backyard with what appeared to be a handgun in his hand. Client allegedly threw handgun in bushes when police confronted him. Client was charged with Improper Exhibition of Weapon or Firearms and Tampering with or Fabricating Physical Evidence in the State of Florida.
Defenses for charge of Improper Exhibition of Weapons or Firearms.
Attorney Rivas will examine all the evidence, witness statements, body worn video cameras and any other discovery material provided by the State prior to trial. If necessary, our Criminal Defense attorney will set depositions to interview the arresting officers and any pertaining witnesses that could provide information to obtain the best possible outcome in your case.
Among the defenses available to the charge of Improper Exhibition of Weapons or Firearms is that the State must prove beyond a reasonable doubt that actual object is in fact a weapon or firearm as defined by Florida Statute. The officer must recover the weapon or witness the possession of the weapon or firearm.
You might have a defense to the charge of improperly exhibiting a weapon or firearm if you have a concealed firearm and you did not act carelessly or rude when you exhibited the firearm. The State must prove beyond a reasonable doubt that the Defendant exhibited the weapon or firearm in a rude, careless, angry or threatening manner. These behaviors are often difficult to prove because they are subjective to a reasonable person’s state of mind. Being under the influence of alcohol or drugs can play a crucial factor in determining if the Defendant is acting carelessly, angry or threatening.
Another criminal defense to the crime of improper exhibition of weapon or firearm is that the defendant was acting in self defense and was necessary for him to exhibit the firearm in order to protect himself. On many occasions, an Orlando experienced Criminal Defense Attorney will provide the State with a defense witness list that would help demonstrate that it was necessary for the Defendant to exhibit his firearm in order to protect himself. The State must also prove beyond a reasonable doubt that the Defendant exhibited the Firearm in the presence of at least one or more persons. The State needs the testimony of at least one witness being an officer or a civilian witness, to prove beyond a reasonable doubt that the Defendant exhibited the firearm or weapon improperly.
Penalties for Charge of Improper Exhibition of Weapons or Firearms.
The charge of Improper Exhibition of Weapons or Firearms is a first degree misdemeanor resulting in serious consequences punishable up to 12 months probation, county jail or combination of both. Other serious consequences include a criminal conviction which could affect your ability to obtain employment. At The Rivas Law Firm, P.A., attorney Rivas can help you avoid a criminal conviction so that you can have your case sealed or expunged after your case is resolved.
Firm Result for Charge of Improper Exhibition of Weapons or Firearms
It’s important that you hire an attorney immediately after your arrest so that our Orlando Criminal Defense attorney can review all the information and discuss with the State so that the State does not file formal charges. In our Client’s case, our experienced attorney was able to convince the State to file a No Information which means the State decided to not file any charges. Both charges, Improper Exhibition of Weapon or Firearms and Tampering with Physical Evidence were dismissed by the State. Since no formal charges were charged against our client, we were able to begin the seal and expungement process so that our Client can legally deny the arrest after the process is finished.
At The Rivas Law Firm, P.A., attorney Rivas will fight for your case from the first day you hire us. We will fight to get you the best possible outcome by getting the right information to the State so that no formal charges are filed, or so the state will reduce the charges to Disorderly Conduct or dismisses the charges prior to trial. From day one, we prepare the case for trial with the best possible defense to get our Clients the best possible results.