Improper Exhibition of a Weapon Lawyer in West Palm Beach
While Florida recognizes the constitutional right to own weapons, it also has laws that people must follow. While some laws are very clear, others, such as the improper exhibition of a weapon, are vague and confusing to the layperson. Under the statute, it is a chargeable offense to display a weapon in a threatening, careless, or rude manner in front of another person.
As you can imagine, the law leaves quite a bit up to interpretation, meaning that an innocent person can end up facing charges. Thus, it is important to choose an experienced West Palm Beach improper exhibition of a weapon lawyer to defend you against the charges. With more than 34 years of experience, Ronald S. Chapman can go over the charges with you, evaluate the evidence, and build your defense.
What Is a Dangerous Weapon?
Florida law states that it is illegal to display any dangerous weapon improperly. Some common dangerous weapons include:
- Firearms
- Electric weapons and devices
- Swords
- Sword canes
- Dirks
While this is a misdemeanor in the first degree, you could still be sent to jail if convicted. Thus, contact a West Palm Beach improper exhibition of a weapon defense lawyer today.
Does It Have To Be Intentional?
As the law is written, you do not have to act with intention or in a threatening way to face this charge. Instead, carelessness or rudeness is enough for the state to bring charges against you, as long as a reasonable person would be offended or threatened by your actions. Of course, carelessness and rudeness are often subject to interpretation. The prosecution will tell its side of the story when presenting its case in court. Fortunately, you can also tell your side of the story with help from an improper exhibition of a weapon attorney in West Palm Beach like Ronald Chapman.
Your lawyer will go over the evidence, including witness statements. If the evidence does not support the charge, your attorney can negotiate with the prosecutor to dismiss it or reduce it to a disorderly conduct charge. However, your lawyer will prepare for trial in case the prosecution is not open to negotiation.
How Serious Is A Misdemeanor In The First Degree?
While you were likely worried when first charged, you might have relaxed a bit after realizing this is just a misdemeanor. However, as a misdemeanor in the first degree, it is only a step below a felony and includes severe consequences, including up to one year in jail and a $1,000 fine.
On top of that, a weapons conviction on your criminal record can haunt you throughout your life, including when you apply for a job. Some employers avoid hiring people who have weapons convictions out of concern for the safety of other employees and customers.
Your freedom and reputation are on the line, so consult with West Palm Beach lawyer Ronald Chapman to defend your improper exhibition of a weapon charge.
How Accurate Is Eyewitness Testimony?
Prosecutors often rely on eyewitness testimony when trying these cases. However, it is a myth that this is the best kind of evidence. Bystanders often misremember events. Additionally, alleged victims might make up or exaggerate the details as a way to hurt you. Your West Palm Beach improper exhibition of a weapon lawyer will thoroughly examine all the witness statements and testimony. Also, your attorney can review video evidence if available since that is often more accurate than eyewitness statements.
Common Defenses
Your West Palm Beach improper exhibition of a weapon attorney needs time to review all the evidence before determining the best defense strategy. There are quite a few defense options, although two stand out. Many people display weapons for self-defense or to defend others. If the evidence supports one of those defenses, your attorney can demonstrate that you reacted to a perceived threat instead of being careless or rude.