Firing a weapon under certain conditions can lead you to face serious criminal charges that go way beyond simple weapon possession offenses. JJK/LLC represents people who have been accused of unlawful discharge of a firearm in Fort Pierce, and our talented gun attorneys are here to help you understand what consequences you might be facing.
Unlawful discharge of a firearm in Fort Pierce encompasses various criminal acts involving firing a weapon. State law prohibits shooting firearms in or near residential areas, discharging weapons from vehicles, and firing guns in ways that endanger others.
Different statutes address different discharge scenarios. Shooting into an occupied structure or vehicle is a serious felony. Discharging a firearm in public or residential areas may violate local ordinances or state law, depending on the circumstances. Firing warning shots, even in self-defense situations, sometimes leads to charges. Lawyers defending unlawful discharge of a firearm in Fort Pierce cases must understand which specific statute applies and the elements prosecutors must prove.
The circumstances surrounding the discharge have a significant impact on potential charges and defenses. Was the shooting accidental or intentional? Was anyone endangered? Did it occur during a confrontation or another crime? Was the shooter on their own property or on public land? Defense lawyers investigate these facts carefully so they can develop appropriate defenses.
Some discharge offenses in Fort Pierce carry severe penalties under Florida law. Shooting at, within, or into a building, vehicle, or aircraft is a second-degree felony that carries a potential sentence of up to fifteen years in prison.
If someone occupied the building or vehicle, the offense becomes a first-degree felony with potential life sentences. These unlawful discharge of a firearm in Fort Pierce charges do not require proof that gunfire struck or injured anyone. Simply firing into a dwelling where people live is enough. Defense attorneys may challenge whether anyone actually occupied the structure, whether the accused person knew people lived there, or whether the shooting was justified.
When someone discharges a firearm during another felony, Florida’s 10-20-Life law applies. The statute imposes mandatory minimum sentences of twenty years for discharging a firearm and twenty-five years to life if a shot strikes a person. These mandatory minimums remove judicial discretion, so defense lawyers focus on defeating the charges or negotiating a resolution before trial.
Not all firearm discharges qualify as criminal. The state’s self-defense laws, including Florida’s Stand Your Ground provisions, may justify the use of deadly force in certain situations. However, self-defense claims require meeting specific legal standards. For this reason, anyone facing allegations involving the unlawful discharge of a firearm in Fort Pierce should discuss the circumstances with a defense lawyer.
You must reasonably believe that deadly force is necessary to prevent imminent death or significant bodily harm. The threat must be immediate and either actual or honestly and reasonably perceived. Warning shots or shots fired after a threat ends often do not qualify for self-defense protections. Attorneys defending unlawful discharge of a firearm in Fort Pierce cases based on self-defense must investigate and document the circumstances that justify the use of deadly force.
JJK/LLC provides aggressive defense for individuals facing charges involving the unlawful discharge of a firearm in Fort Pierce. Our firm understands Florida’s self-defense laws and how to challenge prosecution evidence in firearms cases. Contact our defense lawyers today to discuss your options if you face serious gun crime charges.