Discharging Firearm in Public or on Residential Property


Palm Beach County Weapons Charge Attorneys’ Bottari & Doyle can help you if you have Discharged a Firearm in public. Call 561-588-2781 for a consultation.

Definition of Discharging Firearm in Public or on Residential Property

To prove the crime of Discharging a Firearm in Public, the State must prove the following four elements beyond a reasonable doubt:

  1. Defendant knowingly discharged a firearm in a public place, or
  2. Defendant knowingly discharged a firearm on the right of way of a paved road, highway or street, or
  3. Defendant knowingly discharged a firearm over: the right of way of a paved public road, the right of way of a highway, the right of way of a street or occupied premises.

A public place is any place intended or designed to be frequented or resorted to by the public. 

Knowingly means with full knowledge and intentionally. 

Penalties for Discharging Firearm in Public or on Residential Property

Discharging a Firearm in Public or on Residential Property is a first degree misdemeanor. First degree misdemeanors are punishable by any combination of the following:

  1. 1 year in jail
  2. 1 year of probation
  3. $1,000 fine

Defenses to Discharging Firearm in Public or on Residential Property

It is a defense to this charge if the defendant was lawfully defending life or property, or performing official duties requiring the discharge of a firearm. 

Contact Us

If you have been arrested or charged with Discharging Firearm in Public or on Residential Property in Palm Beach County, Broward County or Martin County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.