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Improper exhibition of a weapon or firearm is a common charge in Florida, and usually comes down to the word of the accuser. There is rarely physical evidence or surveillance footage to prove the crime, which unfortunately means that innocent defendants are routinely charged. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in defending clients charged with improper exhibition of a weapon or firearm. He has successfully defended this charge numerous times and has achieved dismissals in multiple jurisdictions from Miami-Dade to Palm Beach County. Benjamin is available to meet at his Broward County office in Fort Lauderdale or any other convenient location in the Tri-County area. He also handles cases in Martin County and St. Lucie County, and can be reached 7 days a week at (954) 543-0305.
Improper exhibition of a weapon is a first-degree misdemeanor under Florida law with a maximum penalty of 1 year in jail. This offense is often charged based on brief encounters with strangers, and therefore police are rarely a witness. We have seen this offense charged based on interactions out on the street, where one or more parties are in their car or motorcycle, and during verbal altercations in nightlife areas such as South Beach, Fort Lauderdale and West Palm Beach. There ae also numerous cases where neighbors get in verbal altercations and one accuses the other of brandishing a weapon. Either way, if you have been charged or think you may be a suspect do not speak to police. It is advisable to contact an experienced criminal defense lawyer immediately so your rights can be protected. Police will often use statements by a suspect to corroborate the accuser’s story, so even admitting to something that is not. A crime (like legally owing a firearm) could put you in a bad position. Benjamin Herbst has the knowledge and experienced with improper exhibition charges to be able to step in and make sure no further damage is done. He will explain all the defenses that may be available to you, and is never afraid to take the state to trial and subject the accuser to intense cross examination.
Florida statue 790.10 defines the actions that qualify as improper exhibition of a weapon or firearm. One of the problems with this law is that it is extremely broad, and thus a person can be charge under a variety of circumstances. First of all, there is basically no limitation on what type of weapon could be used in this offense. The law lists firearms, knives, and stun guns (electric weapons) but also states that any other weapon could qualify. The weapon must be exhibited or shown in a rude, careless, angry or threatening manner, and not for self-defense. What is rude and threatening is often up for interpretation, and Benjamin has seen an individual charged for what he argued was an inadvertent movement of his jacket that revealed a weapon. This particular charge was dropped, but it just goes to show how easy it is for someone to accuse another of improper exhibition of a weapon.
Benjamin is an experienced South Florida criminal lawyer specializing in improper exhibition of a weapon or firearm, and is standing by to offer a free consultation about your case. He can explain all the defenses that may be available to you, and will fight to make sure your case is resolved in the best possible way. Benjamin’s knowledge of the court systems in South Florida, combined with his extensive criminal defense experience brings real results. Being charged with a crime is a stressful and scary experience, but with the right lawyer you can put the case behind you and move on with your life without interruption. Call Benjamin today to find out how he can fight for you.