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Throwing a deadly missile is a common charge in Florida despite the uncommon wording of the statute. When we think of the word missile, we think of a long cylindric object flying through the air by rocket propulsion, but under Florida law the word missile does not have this traditional meaning. A missile can be any object that is forcibly thrown or propelled at a target, which means it can include literally hundreds of things. It is for this reason that law enforcement and state prosecutors can charge this crime under a variety of circumstances, and as a second-degree felony the potential penalty could be up to 15 years in prison. The consequences can be severe for anyone charged, so there is no reason to face the state without the assistance of an experienced lawyer. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in charges for throwing a deadly missile, and he has successfully defended this offense numerous times. He is an experienced trial lawyer in the Tri-County area, and has earned jury acquittals for his clients in all types of cases in Miami-Dade, Broward and Palm Beach Counties and along the Treasure Coast. Benjamin is available for a free consultation anytime at (954) 543-0305, and provides his cell phone number to all clients for night and weekend access. Call Benjamin for a free consultation to learn about the defenses that may be available in your case.
Under Florida law, throwing a deadly missile may be charged if a person intentionally and maliciously throws any hard substance at any building regardless of whether it is occupied. Throwing a dangerous object at an occupied car, boat, train or other vehicle is also prohibited under the deadly missile statute. There is no limit on what type of object will qualify as a deadly missile; common objects are rocks, scrap metal or pieces of hardened wood, but prosecutors are not bound by any specific guidelines. The only thing that the state has to prove is that the object is capable of causing death or great bodily harm. Even a small rock or piece of metal could be seen as deadly if thrown at a moving object or from a car traveling at high speed. Throwing a small object from a high floor on a building could also be viewed as an act that could cause death or great bodily harm. It is important to know that it is not a defense that the person did not know the building or vehicle was occupied. On the other hand, there is an element of malice that the state must prove. This means the state has to show the defendant intended to cause some sort of harm or damage. If the act of throwing was done in a casual way with no intent do damage anything the state may not be able to prove its case. An experienced lawyer who specializes in cases for throwing a deadly missile will be able to assess the state’s case and make all possible arguments for dismissal.
Benjamin has office locations throughout South Florida, including Fort Lauderdale and West Palm Beach, and is also willing to travel to meet at any convenient location from South Miami to Fort Pierce. Benjamin has extensive experience representing juvenile defendants and young adults with little or no prior record. He fights not only to keep his clients out of jail, but also to keep their record as clean as possible. A felony conviction can be a lifetime scar, which could prevent a person, especially a juvenile, from reaching his or her full potential. Benjamin takes this extremely seriously, and is standing by to help anyone charged with a crime in South Florida.