What Is a “Negligent Discharge” in Punta Gorda?

While Florida is a relatively “gun-friendly” state, it punishes firearm owners who behave recklessly and endanger other people. If you are accused of behaving in this manner, you might face charges of “negligent discharge.” What exactly does this phrase mean, and how should you defend yourself against this charge? What are the potential consequences, and could a firearm defense lawyer in Punta Gorda help you avoid them?

Discharging a Firearm in a Public Space Can Lead to Serious Consequences 

If you discharge a firearm in a public area, you could face a first-degree misdemeanor and up to one year in jail. You might also face a fine of up to $1,000. A public space might be a park, a parking lot, or any other area where people come and go. You could also face this charge if you discharge a firearm over a road or any occupied premises. If the area in question is in a zone designated only for residential use, you could face charges of “discharging a firearm in public.”

Discharging a Firearm Inside a Vehicle Can Lead to More Serious Consequences

Florida enforces heightened penalties for those who discharge their firearms while occupying vehicles. If you discharge a firearm from inside a vehicle, you could face a third-degree felony and up to five years in prison.

What if I Was Hunting?

If you were hunting in an area where it is legal to do so, you should not face charges for accidentally or recklessly discharging a firearm. However, you could still face this charge if you discharge your firearm in such a way that a projectile flies over an occupied residence of some kind. When hunting outdoors, Florida residents should understand the path of their discharge projectiles, especially in regard to nearby roads and highways.

If you engage in outdoor target shooting, you could also face a first-degree misdemeanor if the area is “primarily residential in nature.”

Defenses to Discharging a Firearm in Public

If you can prove that you accidentally discharged your firearm, you may be able to escape these charges. The law states that many of these charges only apply if you “knowingly and willingly” discharge a firearm. If your firearm simply malfunctioned and discharged without you touching the trigger, you may be able to avoid legal consequences. However, proving this type of malfunction can be challenging, and a defense lawyer could help you establish the facts.

You can also push back against these charges if you were using your firearm in self-defense or (in the case of outdoor recreational shooting) if the discharge does not pose a “reasonably foreseeable risk” to other people or property.

Can a Firearm Defense Attorney in Punta Gorda Help Me? 

A firearm defense attorney in Punta Gorda may be able to help if you face allegations of negligent discharge. This offense may be more serious than many firearm owners realize. Even if you are a legal firearm owner, you could face the loss of your First Amendment rights and many other consequences if the court convicts you. Discuss a potential defense strategy with The Foley & Wilson Law Firm today.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.15.html