Shooting or Throwing a Missile in Florida
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We are your Shooting or Throwing a Missile Criminal Defense Lawyers in Florida
Whoever wantonly or maliciously shoots or throws a rock or missile which would produce death or great bodily harm in any public or private building, bus, train, vehicle, boat or aircraft shall be guilty of a felony of the second degree.
Wanton Or Malicious Conduct
The term ‘wantonly’ is defined in the Florida Standard Jury Instructions to mean consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.
What is a Missile?
Florida courts have found that a wide variety of objects may be a “missile” for purposes of a shooting or throwing missiles charge. These include fruits, drink bottles, rocks, and metal objects.
Proving the Charge at Trial
State of Florida must establish the following three elements beyond a reasonable doubt in order to achieve a shooting or throwing missiles conviction at trial.
- The defendant shot a firearm, threw a missile, hurled, or projected a stone or other hard substance that would produce death or great bodily harm;
- The defendant did so within any public or private building, bus, train, vehicle, boat, or aircraft
- The act was done wantonly or maliciously.
Penalties for the Offense
Shooting or throwing a deadly missile is a second degree felony which carries penalties of up to fifteen (15) years in prison or fifteen (15) years of probation, and a $10,000 fine.
Defenses to Shooting or Throwing a Missile
Defenses available to challenge a charge of shooting or throwing a missile in Florida include:
- Object does not constitute a “missile”
- Object not capable of producing great bodily harm or death
- Object cannot be identified with sufficient evidence to sustain a conviction
- Defendant did not throw or project the object
- Accidental projection or throwing
- No malicious or wanton intent
- The act was mere negligence
- Evidence is a result of an unlawful search, seizure, or interrogation.
Early Negotiation is Critical in a Shooting or Throwing a Missile Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before you are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We are Miami Dade, Broward, and Palm Beach criminal defense lawyers. We represent clients charged with carrying a concealed weapon, carrying a concealed firearm, improper exhibition of a firearm or weapon, discharging a firearm in public and shooting or throwing deadly missiles charges.
We represent clients facing shooting or throwing a missile charges, or other weapons charges, in Broward County, Miami Dade County, and Palm Beach County.
We can help you.
Our Florida criminal lawyers serve clients charged with shooting or throwing a missile offenses in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and shooting or throwing a missile criminal defense cases in Palm Beach, Broward, Miami Dade County and throughout Florida.
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