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Improper Exhibition

Florida law prohibits threatening the safety of another individual by exhibiting a weapon or firearm in a threatening or otherwise harmful way. In some of these cases, the actor may have committed the offense carelessly or exhibited the firearm or weapon inadvertently.  

If you were charged with improper exhibition of a firearm, you should seek out the services of an experienced attorney focused on firearm and weapon charges.

Attorney for Improper Exhibition in Gainesville, FL

If you have been charged with improper exhibition of a firearm then contact the experienced criminal defense attorneys at Galigani Law Firm. Our attorneys help individuals facing all types of criminal charges relating to weapon and firearm offenses.

With offices in Gainesville, Galigani Law Firm represents clients throughout Alachua County and the surrounding areas. Call (352) 375-0812 today for a free no-obligation evaluation of your case.


Elements of an Improper Exhibition of a Firearm or Weapon Conviction

The crime of improperly exhibiting a firearm or weapon can sometimes be known as “brandishing.” The crime does not always have to involve a firearm. Alleged offenses can involve anything that could be considered a weapon by Florida law, such as:

  • Dirks;
  • Knives;
  • Tasers; or
  • Canes.

Under Florida Statute §790.10, to convict a defendant of Improper Exhibition of a Firearm or Weapon, the prosecution must prove all of the following elements beyond a reasonable doubt:

  • The offender had a weapon or carried it on his or her person;
  • The offender also displayed the weaponry in a reckless and harmful manner; and
  • The offender committed the crime in front of one or more individual.   

Improper Exhibition of a Weapon or Firearm Penalties

Convictions for improper exhibition will appear on the criminal records of alleged offenders and can cause many long-term problems when it comes to obtaining employment, housing, or professional licenses. Improper exhibition of dangerous weapons or firearms is a first-degree misdemeanor under Florida Statute §790.10.

A conviction is punishable by up to 12 months in jail and a fine of up to $1,000. Many of these cases involve self-defense. Assault and attempted assault can sometimes be lesser included offenses.

Classification of Weapons

Generally, a weapon is anything used to cause bodily harm or property damage or the device is being displayed in a threatening or reckless manner towards another individual.

Weapons may include the following:

  • Knives;
  • Daggers;
  • Slingshots;
  • Billy club; and
  • tear gas guns.  

Deadly Weapons
Deadly weapons are devices that are used to cause death or serious injury when used in a regular manner, an object is considered a deadly weapon if its sole use is to cause loss of life or severe harm.

Electric Weapon
An electric weapon or device is a mechanism powered by an electric current used to physically harm or incapacitate another individual. Electric weapons include tasers, cattle prods, stun belts, and stun shields.

Firearms
A firearm is any weapon designed with a projectile that is powered with an explosive device.   Firearms have many different classifications, including machine guns, starter guns, antique guns. antique guns are firearms that were made in or before 1898 and do not use modern ammunition or modern ignition systems.


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Improper Exhibition of a Firearm Resources

Laws Prohibition Brandishing a Firearm - Visit the website of USA Carry to read an article on “Brandishing and Improper Exhibition of a Firearm” published on October 7, 2013. The article defines the brandishing of a weapon including carelessly or inadvertent exhibition of a firearm. The article explains how the crime is defined in different states under either an “objective” standard or a “subjective” standard.

Florida’s Statute on Improper Exhibition of a Weapon – Visit the Florida Legislature Online Sunshine website to find the statutory language under Florida Statute Section 90.10 for the improper exhibition of dangerous weapons or firearms. Also find links to the definitions of firearm and weapon as used in Chapter 790 crimes.


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Find an Attorney for Improperly Exhibiting a Firearm in Alachua County, FL

Have you or a loved one been charged with improper exhibition of your firearm or weapon in Florida? Our team of criminal defense attorneys at Galigani Law Firm are here to help. Contact us at (352) 375-0812 for a free consultation. With offices in Gainesville, FL, our attorneys assist clients in communities throughout Alachua County, Marion County, Levy County, Gilchrist County, and Union County.