Being charged with throwing a deadly missile in Florida is a serious offense with potentially life-altering consequences. Don’t face these charges alone. Meltzer & Bell, P.A. provides aggressive and experienced legal representation to those accused under Florida Statute 790.19. We understand the complexities of this law and are committed to protecting your rights and freedom.
Florida Statute 790.19 prohibits the act of throwing any object that could cause death or great bodily harm at a:
- Building: This includes both public and private structures, occupied or unoccupied.
- Vehicle: Cars, trucks, buses, trains, aircraft, and vessels are all protected under this statute.
The penalties for violating this statute can be severe, depending on the specific circumstances of the case and any prior convictions. You could face:
- Felony charges: Throwing a deadly missile is typically a second-degree felony, punishable by up to 15 years in prison.
- Fines: Substantial fines can be imposed, potentially reaching thousands of dollars.
- Restitution: You may be ordered to pay restitution to the victim for any damages caused.
- Probation: Even if you avoid jail time, you could be subject to probation with strict conditions.
At Meltzer & Bell, P.A., we believe in fighting for our clients, not settling for the easiest outcome. Our team of former prosecutors and public defenders will meticulously investigate your case, challenge the evidence, and explore every legal avenue to secure the best possible result.
Definition of Throwing a Deadly Missile
Under Florida law, “throwing a deadly missile” encompasses many actions. It involves shooting or throwing objects into buildings, vehicles, or aircraft flying, whether occupied or not. This definition covers a wide array of potential scenarios. Launching a stone at a public bus or throwing a hard object into a public or private building both fall under this statute.
The law’s broad scope means even minor actions can lead to severe charges. Throwing a rock at a cable railway car or buses railroad cars streetcars, whether occupied vessels aircraft buses railroad or other vehicles, constitutes throwing a deadly missile under Florida law. This approach aims to protect public safety by criminalizing actions that could cause harm or damage, including those involving a public or private bus, railroad cars, and a street railway car.
Penalties for Throwing a Deadly Missile
The penalties for throwing a deadly missile in Florida are severe, reflecting the seriousness with which the state treats these offenses. Classified as a second-degree felony, this crime can result in a prison sentence of up to 15 years. Additionally, fines can be as high as $10,000, a substantial financial burden for most individuals.
Convicted individuals may also face up to 15 years of probation. Repeat offenders or those whose actions result in significant property damage or personal injury may incur even harsher penalties. Furthermore, a felony conviction can lead to the loss of certain civil rights, including the ability to vote and possess firearms.
These penalties extend far beyond the courtroom. A felony record can have long-lasting effects on one’s life, impacting future employment opportunities, housing options, and social relationships. The gravity of these penalties underscores the need for a strong legal defense.
Legal Defenses Against Throwing a Deadly Missile Charges
Although facing charges for throwing a deadly missile can be overwhelming, several legal defenses are available. Common defenses include lack of intent, mistaken identity, and self-defense.
These strategies can potentially mitigate the charges or achieve an acquittal.
Lack of Intent
A primary defense against this charge is lack of intent. To secure a conviction, the prosecution must prove that the act was willfully dangerous and likely to cause harm. Demonstrating that unintentional or accidental actions can significantly weaken the prosecution’s case.
If an individual can provide evidence that their actions were not purposefully dangerous or intended to cause harm, this can lead to a dismissal or reduction of charges. Proving lack of intent involves showing that the accused did not act with malice or purpose when the incident occurred.
This defense is particularly effective in accidental rather than willful or malicious acts.
Mistaken Identity
Mistaken identity is another viable defense. This defense argues that the accused did not commit the alleged act. Evidence such as alibi witnesses or surveillance footage can prove that the accused was not involved.
If the accused can provide a solid alibi or if witnesses can testify to their whereabouts at the time of the incident, this can shift the focus away from their involvement. Surveillance footage that places the accused elsewhere can be instrumental in demonstrating mistaken identity.
This defense can lead to an acquittal if it convincingly shows that the accused was not at the scene.
Self-Defense
Self-defense is another strong defense strategy. It justifies the act if done in response to an immediate threat or danger. This defense hinges on the necessity of the action to protect oneself or others from imminent harm.
If an individual can demonstrate that their actions were taken to prevent great bodily harm or death, this can serve as a valid justification in court. Self-defense underscores the right to protect oneself from imminent threats, making it a viable defense in these cases.
Impact on Criminal Record
A felony conviction for throwing a deadly missile can devastate an individual’s criminal record. Such a conviction becomes a permanent part of one’s record, making it challenging to secure employment, as most employers conduct background checks. The stigma associated with a felony can also strain personal relationships and lead to social isolation.
Housing opportunities can be severely limited, as landlords often perform criminal background checks before renting to tenants. The long-term implications of a felony conviction emphasize the need for an effective defense to avoid these life-altering consequences.
Importance of Legal Representation
Skilled legal representation is crucial when facing these charges. Experienced attorneys like those at Meltzer & Bell can navigate legal complexities and develop tailored defense strategies. Their commitment to thorough evidence review and strategic use of witness testimonies ensures meticulous examination of every aspect of the case.
Effective legal representation can dramatically alter a case’s outcome. In a notable road rage incident on I-95, the client faced a second-degree murder charge but was acquitted because the defense demonstrated that the client’s actions were a reaction to being provoked. This underscores the critical role experienced legal counsel plays in achieving favorable outcomes.
Case Studies from Meltzer & Bell
Meltzer & Bell have a proven track record of defending clients against serious charges, including those involving deadly missiles. Their documented case studies provide valuable insights into their defense strategies and the favorable outcomes they achieve. These real-life examples illustrate the firm’s approach to defending complex criminal cases.
Road Rage Incident on I-95
In a notable case, a client faced second-degree murder charges from a road rage incident on I-95. The defense team at Meltzer & Bell reviewed the evidence and demonstrated that the client’s actions were provoked. As a result, the jury found the client not guilty, showcasing an effective defense strategy.
This case highlights the importance of thorough evidence review and presenting a compelling argument in court. The successful outcome underscores the critical role experienced legal representation plays in defending against serious charges.
Self-Defense in Aggravated Battery Case
Another case involved a client who stabbed her boyfriend in self-defense. The circumstances were carefully examined, and it was established that the client’s actions were necessary to protect herself from imminent harm. As a result, the State chose not to pursue prosecution, leading to no charges.
This case exemplifies how a self-defense argument can lead to favorable outcomes when the necessity of the actions is demonstrated. It also highlights the importance of a skilled legal team that can effectively present such defenses in court.
How Meltzer & Bell Can Help
Meltzer & Bell offer comprehensive legal services to clients facing charges of throwing deadly missiles. They provide free consultations and are available 24/7, ensuring clients always have access to legal counsel. Their team handles all aspects of the case, from evidence gathering to court representation, ensuring clients do not speak to law enforcement without guidance.
With over 100 years of combined experience, Meltzer & Bell’s trial lawyers are well-equipped to defend clients against serious charges. Their commitment to personalized defense strategies and thorough case review has earned them over 1,000 5-star reviews, reflecting their dedication to favorable outcomes.
Frequently Asked Questions
What constitutes throwing a deadly missile under Florida law?
Throwing a deadly missile under Florida law is defined as the act of shooting or throwing objects into buildings, vehicles, or aircraft, irrespective of occupancy. This offense is taken seriously and carries severe legal consequences.
What are the potential penalties for throwing a deadly missile in Florida?
The penalties for throwing a deadly missile in Florida may include up to 15 years in prison, fines reaching $10,000, and potentially 15 years of probation. Additionally, a conviction may result in the loss of specific civil rights.
What are some common defenses against throwing a deadly missile charges?
Demonstrating a lack of intent, asserting mistaken identity, or claiming self-defense are strong defenses against throwing a deadly missile charge. These arguments can effectively challenge the prosecution’s case.
How can a felony conviction impact my life?
A felony conviction significantly impacts your life by hindering employment and housing opportunities, damaging personal relationships, and potentially leading to social isolation. Therefore, it is crucial to consider these ramifications seriously.
How can Meltzer & Bell assist in legal defense for these charges?
Meltzer & Bell can assist in legal defense by offering comprehensive services such as free consultations, round-the-clock availability, and tailored defense strategies aimed at achieving favorable outcomes for clients.
