Orlando criminal defense lawyer and television legal analyst Jose Rivas was interviewed by WESH 2 News about the case of an off-duty Orange County Sheriff’s deputy whose personal firearm accidentally discharged inside his Winter Garden home, injuring two of his children. The Orlando gun charges attorney explained what could happen next under Florida law. Can someone face criminal charges for a gun that fires by accident? Yes — Florida law allows prosecutors to file charges in certain accidental shootings, even without any intent to hurt anyone.
According to the Orange County Sheriff’s Office, the deputy was cleaning his personal handgun on July 10 when it discharged a single round. One child suffered a gunshot wound. The other child was hurt by flying shrapnel. Both children were taken to the hospital with non-life-threatening injuries, and the sheriff’s office says the investigation remains open.
Orlando Gun Charges Attorney Explains the Legal Standard
Rivas said the facts reported so far go beyond a routine accident. “It’s more than just a mere accident,” Rivas said. He said investigators will look closely at what happened before the gun fired.
Rivas said the deputy “could have taken better steps to secure” the firearm “so this wouldn’t have happened.” That kind of finding, Rivas said, separates a true accident from a chargeable offense.
Florida’s culpable negligence law does not require proof that a person meant to cause harm. Prosecutors only need to show that someone’s conduct was careless enough to create a real risk of injury. The Florida Standard Jury Instruction on culpable negligence describes this as conduct showing “reckless disregard for human life” or a “grossly careless disregard” for the safety of others.
Investigators must also decide whether the deputy failed to take basic safety steps, such as checking the chamber and removing the magazine before cleaning the gun. “Based on what we’re hearing about the facts, this could rise to culpable negligence,” Rivas said. Rivas said it is possible the deputy could face a misdemeanor criminal charge once the investigation is complete.
Potential Penalties for a Misdemeanor Firearm Charge in Florida
Under Florida Statute 784.05, culpable negligence that merely exposes someone to injury is a second-degree misdemeanor. When the negligence actually causes injury, as investigators say happened in this case, the charge becomes a first-degree misdemeanor.
If a minor gains access to an unsecured, loaded firearm and is hurt, Florida’s firearm storage law can raise the potential charge even higher. Florida also separately punishes the reckless or negligent discharge of a firearm on residential property under Florida Statute 790.15.
An Orlando gun charges attorney reviews which of these statutes actually fits the facts, since a conviction on any of them can follow someone for years. A first-degree misdemeanor conviction can bring:
- Up to one year in county jail
- Up to one year of probation
- Fines of up to $1,000
- A criminal record that can affect employment, including law enforcement jobs
How an Orlando Criminal Defense Attorney Can Help You
Anyone under investigation after an accidental shooting should speak with a lawyer before answering questions from detectives. The Rivas Law Firm’s guide to defending against gun charges in Florida walks through common defenses in firearm cases, including accidental discharge.
An Orlando gun charges attorney can push back on weak evidence, request the full investigative file, and negotiate with prosecutors before formal charges are ever filed. Early representation often makes the difference between a dismissed case and a permanent record.
Orlando criminal defense attorney Jose Rivas has represented clients throughout Central Florida in weapons cases and understands how local prosecutors evaluate accidental shooting investigations. He works to secure a favorable outcome, whether that means reduced charges, a diversion program, or a case that never gets filed.
Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A. for a free consultation about your situation.
Frequently Asked Questions
Can you get charged with a crime if your gun accidentally goes off in Florida?
Yes. Florida’s culpable negligence law allows charges even without intent to harm, especially when the way a firearm was handled created a real risk of injury. An Orlando gun charges attorney can review the specific facts of your case and identify what defenses may apply.
What is culpable negligence under Florida law?
Culpable negligence means conduct that goes beyond ordinary carelessness and shows a reckless disregard for others’ safety. Florida Statute 784.05 makes this a misdemeanor, or a felony if a minor is hurt after gaining access to an unsecured firearm — the kind of statute an Orlando gun charges attorney reviews often.
What should I do if I’m being investigated for an accidental shooting?
Contact a criminal defense lawyer before speaking with investigators or giving a statement. An attorney can protect your rights, review the evidence, and work toward the best possible outcome for your case.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.