Florida law prohibits the display or brandishing of a dangerous weapon in a manner that is reasonably considered threatening, rude, or careless when in the presence of others. The wording and interpretation of this statute can be vague. With heightened sensitivity around firearms, those who are unaccustomed may believe they were threatened when the evidence says otherwise.
Meltzer & Bell, P.A. will ensure your timeline and facts are represented to the court in the best possible light. If we can show there was no intention to upset or offend another person, the prosecutors may drop or reduce the charges against you.
Meltzer & Bell, P.A. will begin looking closely at your case to review the evidence and determine your best option. As your advocate in the courtroom, we will provide you advice, experience, and the knowledge that your case is being proactively managed.
Attorneys Steven Bell and Lawrence Meltzer have represented clients across West Palm Beach, West Palm Beach, Boca Raton, Delray Beach, Wellington, Belle Glade, and also in Miami-Dade or Broward County. We have hundreds of cases of trial experience and welcome taking your case before the jury. Our number one priority is minimizing the negative impact this charge has on your present and future, and we will advise if a resolution without trial is best for you.
Found in Florida Statute 790.10, the law states that a person displaying a dirk, sword, sword cane, firearm, electric weapon or device, or other weapon in a rude, careless, angry, or threatening manner, in the presence of one or more people, shall be guilty of a misdemeanor of the first degree.
The prosecution must prove that a reasonable person would feel threatened or offended by the display.
Dangerous weapons can include metallic knuckles, tasers, stun guns, but typically stop short of butter knives and common pocketknives.
The penalty for improper exhibition of a dangerous weapon is a first degree misdemeanor punishable by up to one year in jail and $1,000 in fines. An improper exhibition of a firearm conviction will appear on your criminal record as a weapons offense and will hinder you in future employment opportunities. Employers may weigh the safety of the workplace above the potential you have as an employee.
Meltzer & Bell, P.A. will discuss with the prosecution the possibility of a lesser charge that will limit the damage to your criminal record, such as disorderly conduct, a second degree misdemeanor.
Prosecutors must prove:
Meltzer & Bell, P.A. will investigate any lead that will cast doubt on the prosecution’s evidence, including new witnesses or video recordings. The prosecutors must prove that what their witnesses testimony is sound, however eyewitnesses can and do make mistakes.
If it can be proven that the weapon was being displayed for purposes of self-defense, the charge will be acquitted.
If you are facing charges for exhibition of a dangerous weapon or firearm, call Meltzer & Bell, P.A. immediately. As time passes, the memories of those involved begin to fade and audiovisual evidence can disappear. Attorneys Steven Bell and Lawrence Meltzer will quickly jump in to collect evidence and witnesses that bring doubt to the prosecutor’s allegations.
No matter the circumstances, every person wading through the criminal justice system deserves a strong defense. There will be no one else in the courtroom to explain exactly what your plea means and how it impacts you. Call (561) 283-3259 to schedule a free consultation with Meltzer & Bell, P.A. to discuss your case.