Are There Defenses to Unlawful Discharge of a Firearm in Florida?

 Posted on November 26, 2025 in Gun & Weapons Crimes

If you are facing an unlawful discharge of a firearm charge in Florida, The Hoffman Firm can offer you legal guidance. Even if you did not mean to fire your weapon, you need an experienced attorney to help you fight the allegations. Every firearm discharge case is unique, and not every situation involves criminal intent or wrongdoing. Depending on the facts, there may be valid legal explanations or defenses that apply. With help from our experienced Miami-Dade County, FL gun crimes defense lawyer, you can better understand how the law applies to your case.

What Does Florida Law Say About Unlawful Discharge of a Firearm?

Under Florida Statute § 790.15, it is unlawful to knowingly fire a gun in a public place, over a paved public road, or on someone else’s property without consent. The law also restricts discharging a firearm from a vehicle, except in cases of lawful self-defense.

Violating this statute is generally treated as a first-degree misdemeanor, which can result in up to one year of incarceration and possible fines. If the incident leads to property damage or injury, the penalties may be more severe. The statute applies not only to deliberate shootings but also to situations where a firearm goes off during conduct considered unsafe or careless.

Common Defenses to an Unlawful Discharge Allegation

 Depending on the facts of your case, several legal arguments may apply, including:

• Self-defense or defense of others: Under Florida Statute § 776.012, you are allowed to use a firearm to prevent imminent death or serious harm. If you fired a gun to protect yourself or someone else, your actions may be considered legally valid.

• Lack of intent: If the gun discharged accidentally and you were not acting recklessly, your attorney may argue that you did not act knowingly or willfully.

• Lawful setting: Shooting at a gun range or while lawfully hunting is not considered unlawful discharge.

• Insufficient evidence: If witnesses or physical evidence cannot confirm that you fired the weapon, the state may not be able to prove its case.

• Unlawful search or seizure: If police obtained evidence through an illegal search, it may be excluded in the case against you.

Each defense depends on the specific details of the case. A defense attorney can evaluate the evidence, question witnesses, and identify weaknesses in the prosecution’s argument.

Does Florida Treat Unlawful Discharge of a Firearm As a Felony?

While many unlawful discharge cases are treated as misdemeanors, some situations can lead to felony charges. Under Florida law, firing a gun from a vehicle in a way that endangers another person is a second-degree felony, punishable by up to 15 years in prison. If the incident causes injury or death, or occurs during another criminal act, additional felony charges may apply. The penalties vary depending on the facts. Speak with an experienced defense attorney to ensure you understand the charges against you and how best to respond.

Contact Our Miami, FL Gun Crimes Defense Lawyer for a Free Consultation

Being charged with a weapons offense can affect your life in many ways, from your freedom to your right to own a firearm. Whether you have legal representation or not makes a difference. Attorney Evan Hoffman is an experienced and assertive advocate who treats every client with compassion and respect. He understands how stressful it can be to face and navigate criminal charges, which is why he provides personalized service, clear communication, and 24/7 availability.

At The Hoffman Firm, we believe that accessibility matters. We will travel to you if needed to ensure your defense is handled efficiently and effectively. If you are facing a firearm-related charge, contact our Miami-Dade County, FL gun crimes defense lawyer today at 305-249-0090 to schedule a free consultation and start building your defense.