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Orlando Discharging a Firearm in Public Lawyer
Discharging a Firearm in Public Attorney in Orlando, Florida
Firearms are widely owned throughout Florida, and many residents lawfully exercise their right to possess and use guns for personal protection, recreation, or hunting. However, Florida law strictly regulates where and how firearms may be discharged. Even individuals who legally own firearms can face criminal charges if they fire a weapon in a prohibited location.
Because firearm offenses are treated seriously by law enforcement and prosecutors, a conviction can result in significant penalties. If you have been accused of unlawfully discharging a firearm in Orlando, it is important to seek experienced legal representation as soon as possible.
At Hanlon Law, Orlando criminal defense attorney Will Hanlon represents individuals throughout Central Florida who are facing serious weapons-related charges.
Florida Law on Discharging a Firearm in Public
Florida law prohibits certain types of firearm discharge in public places or residential areas. The primary statute governing this offense is
Florida Statute 790.15.
Under this law, it is generally illegal to knowingly discharge a firearm in a public place or on property primarily used as a residence. The purpose of the law is to protect the public from the dangers associated with firearms being discharged in populated areas.
A violation of this statute is typically charged as a first-degree misdemeanor, which may carry penalties including:
- Up to 1 year in county jail
- Up to 1 year of probation
- Fines and court costs
Although this offense is usually classified as a misdemeanor, the circumstances surrounding the alleged incident can lead to more serious charges.
Enhanced Charges for Discharging a Firearm From a Vehicle in Orlando, Florida
Florida law includes enhanced penalties for certain situations involving firearms discharged from vehicles. These provisions were enacted in part to deter dangerous conduct such as drive-by shootings.
For example, enhanced charges may apply if a person:
- Directs or allows another person to fire a firearm from a vehicle, or
- Discharges a firearm from within a vehicle under certain circumstances
When these situations occur, the offense may be elevated to a third-degree felony, which can carry penalties of up to 5 years in prison, along with probation and significant fines.
Second-Degree Felony Charges for Certain Vehicle-Related Offenses in Orlando, Florida
In the most serious circumstances, discharging a firearm from a vehicle while another person is within a specified distance can lead to even more severe charges.
If the prosecution alleges that a firearm was discharged from a vehicle while another person was within 1,000 feet of the vehicle, the offense may be charged as a second-degree felony. A conviction for this level of offense may result in penalties including:
- Up to 15 years in prison
- Up to 15 years of probation
- Substantial fines and a permanent felony record
Because these penalties are severe, anyone facing such allegations should seek legal guidance immediately.
Possible Defenses to Unlawful Firearm Discharge Charges in Orlando, Florida
The circumstances surrounding firearm discharge cases can vary widely, and several legal defenses may apply depending on the facts involved.
One of the most common defenses involves lawful self-defense. Florida law allows individuals to use force—including deadly force in certain situations—when they reasonably believe it is necessary to protect themselves or others from imminent harm.
Other potential defenses may include:
- Demonstrating that the firearm was discharged in a lawful hunting area with the proper licensing
- Showing that the discharge occurred in a location where it was legally permitted
- Challenging whether the defendant knowingly discharged the firearm
- Examining whether law enforcement properly investigated the incident
Because firearm laws involve complex legal and factual questions, a thorough investigation of the case is essential.
Contact an Orlando Firearms Defense Attorney
Firearms-related criminal charges can have serious consequences, including jail time, loss of firearm rights, and a permanent criminal record. If you have been charged with unlawfully discharging a firearm in Orlando, obtaining experienced legal representation is critical.
At Hanlon Law, we provide aggressive and strategic defense for individuals facing weapons charges throughout Orlando and Central Florida. Our firm works diligently to protect your rights and pursue the best possible outcome in your case.
If you are facing charges related to discharging a firearm in public, call Hanlon Law at
(407) 987-3836 or contact us
online today to schedule a confidential consultation and discuss your legal options.
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