| Florida Weapon &Throwing Deadly Missile Crimes |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Osceola County criminal defense lawyer and Winter Park Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Osceola County criminal defense lawyer and Winter Park Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
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Orange County Florida Criminal Lawyer - Weapon Crimes:
Cases involving weapons are taken very seriously by prosecutors and can
result in significant penalties even in cases only involving the possession of
a weapon. If you have been arrested for a criminal offense involving a weapon,
you should consult with a criminal defense attorney at your earliest convenience
to learn about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes apply to some of the more common offenses involving weapons and throwing a deadly
missile:
Florida Statute 790.01 - Carrying concealed weapons.
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on
or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant
to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed
manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely
for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun
gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s.
790.23, or s. 790.235, or for any other criminal offense.
Florida Statute 790.10 - Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon
shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner,
not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Florida Statute 790.19 - Shooting into or throwing deadly missiles into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.
Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other
hard substance which would produce death or great bodily harm, at, within, or in any public or private building,
occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car,
street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat,
vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall
be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 790.162 - Threat to throw, project, place, or discharge any destructive device, felony; penalty.
It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do
bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 790.161 - Making, possessing, throwing, projecting, placing, or discharging any destructive
device or attempt so to do, felony; penalties.
A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make,
possess, throw, project, place, or discharge any destructive device:
(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.
(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage,
or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person,
commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.
(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree,
punishable as provided in s. 775.082 or s. 775.084.
(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082.
In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the
United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital
felony shall cause such person to be brought before the court, and the court shall sentence such person to life
imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person
shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of
execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
Florida Statute 790.1615 - Unlawful throwing, projecting, placing, or discharging of destructive device or
bomb that results in injury to another; penalty.
(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause
such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other
person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for
any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or
discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.
Florida Statute 790.1615 - Unlawful throwing, projecting, placing, or discharging of destructive device or
bomb that results in injury to another; penalty.
(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause
such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other
person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for
any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or
discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.
________________________________________________
Please visit the following pages for more information on Weapons and Firearms Offenses and Penalties:
Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence (Florida's 10-20-Life Law for offenses involving Firearms).
Florida Statute 790.115 - Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.
Florida Statute 790.15 - Discharging firearm in public.
Florida Statute 790.151 - Using firearm while under the influence of alcoholic beverages, chemical substances,
or controlled substances; penalties.
Florida Statute 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or
devices unlawful
Florida Statute 790.22 - Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor
under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Cases involving weapons are taken very seriously by prosecutors and can
result in significant penalties even in cases only involving the possession of
a weapon. If you have been arrested for a criminal offense involving a weapon,
you should consult with a criminal defense attorney at your earliest convenience
to learn about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes apply to some of the more common offenses involving weapons and throwing a deadly
missile:
Florida Statute 790.01 - Carrying concealed weapons.
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on
or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant
to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed
manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely
for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun
gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s.
790.23, or s. 790.235, or for any other criminal offense.
Florida Statute 790.10 - Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon
shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner,
not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Florida Statute 790.19 - Shooting into or throwing deadly missiles into dwellings, public or private buildings,
occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.
Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other
hard substance which would produce death or great bodily harm, at, within, or in any public or private building,
occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car,
street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat,
vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall
be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 790.162 - Threat to throw, project, place, or discharge any destructive device, felony; penalty.
It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do
bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 790.161 - Making, possessing, throwing, projecting, placing, or discharging any destructive
device or attempt so to do, felony; penalties.
A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make,
possess, throw, project, place, or discharge any destructive device:
(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.
(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage,
or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person,
commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.
(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree,
punishable as provided in s. 775.082 or s. 775.084.
(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082.
In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the
United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital
felony shall cause such person to be brought before the court, and the court shall sentence such person to life
imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person
shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of
execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
Florida Statute 790.1615 - Unlawful throwing, projecting, placing, or discharging of destructive device or
bomb that results in injury to another; penalty.
(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause
such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other
person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for
any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or
discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.
Florida Statute 790.1615 - Unlawful throwing, projecting, placing, or discharging of destructive device or
bomb that results in injury to another; penalty.
(1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause
such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other
person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for
any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or
bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or
discharging of a destructive device or bomb, however, is not necessary for a conviction under this section.
________________________________________________
Please visit the following pages for more information on Weapons and Firearms Offenses and Penalties:
Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence (Florida's 10-20-Life Law for offenses involving Firearms).
Florida Statute 790.115 - Possessing or discharging weapons or firearms at a school-sponsored event or on
school property prohibited; penalties; exceptions.
Florida Statute 790.15 - Discharging firearm in public.
Florida Statute 790.151 - Using firearm while under the influence of alcoholic beverages, chemical substances,
or controlled substances; penalties.
Florida Statute 790.23 - Felons and delinquents; possession of firearms, ammunition, or electric weapons or
devices unlawful
Florida Statute 790.22 - Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor
under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
|
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
| Call Today: (407) 648-5255 |
Orange County Florida Criminal Attorney & Orlando DUI Lawyer -
| Call Today: (407) 648-5255 |
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