You can get charged with “Shooting or throwing a deadly missile” in Florida for just chucking something hard at someone with the intent of doing harm, like the guy who got arrested by the Florida Highway Patrol for hurling an empty salsa jar at another vehicle during a road rage incident. The term ‘missile’ could mean any object that, when launched, could inflict death or significant bodily harm. Examples include everything from thrown apples or rocks to bullets, BBs, or pellets fired from a gun.

However, the charge is mostly commonly used when firearms are involved. Recent cases include a man who fired a pistol into a passing vehicle, and a recreational sailor who got off a few rounds at a fellow boater (and the cops when they showed up). “Shooting or throwing a deadly missile” is usually accompanied by more specific charges like Aggravated Assault with a Deadly Weapon.

It is crucial for anyone charged with this crime to consult with a criminal defense attorney as soon as possible. Call 407-644-2466 to talk to an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.

Shooting or Throwing a Deadly Missile is a Serious Offense

Under Florida Statute 790.19, shooting or throwing a deadly missile is a Second-Degree Felony, defined as “intentionally and harmfully projecting a dangerous object at a building, vehicle, aircraft, or vessel.” The consequences are severe, with potential penalties including up to 15 years in prison, plus probation, and a fine of up to $10,000. But first, prosecutors have to prove several things.

Key Elements Needed to Convict:

1. Intent: The prosecution must demonstrate that the defendant shot or threw the object with the intent to cause death or significant bodily harm.
2. Target Specificity: The object must have been directed at a particular structure, such as a building, vehicle, aircraft, or vessel.
3. Nature of Conduct: It must be established that the defendant acted with ‘wanton’ or ‘malicious’ intent.
4. Occupancy Requirement: Generally, the target must be occupied or in use at the time of the offense to incur criminal liability.

Defense Strategies

An aggressive and experienced criminal defense attorney can have several ways to fight the charges:

• Prosecution’s ‘Could’ vs. ‘Would’ Analysis: Challenge the prosecutor’s assertion that the object ‘could’ cause harm by arguing that, under more stringent scrutiny, it ‘would not’ likely result in death or significant bodily harm.
• Intent Dispute: Assert that there was no wanton or malicious intent behind the action, which are crucial elements for securing a conviction under Florida law.
• Search and Seizure Legality: If a firearm is involved, question the legality of how law enforcement discovered the weapon, potentially rendering the evidence inadmissible.
• Self-Defense Claim: Argue that the actions taken were in self-defense or defense of others, which can justify the otherwise unlawful conduct.
• Legal Definition of ‘Missile’: Contest the classification of the thrown item as a ‘missile’, implying that it does not fit the legal criteria due to its inability to cause harm.
• Accidental Action: If the event was unintentional, this could negate the malicious intent required for conviction.

If you’ve been charged with “Shooting or throwing a deadly missile” in Florida, you should talk to a criminal defense attorney as soon as possible. It’s the best way to protect your due process rights and get the best possible outcome in your case. A skilled defense lawyer will be your advocate, review all your arrest information, and negotiate on your behalf. Taking this step immediately following your arrest may even help prevent them from filing formal charges.

Call 407-644-2466 and talk to an Orlando criminal defense attorney at the Rivas Law Firm.