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Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles



What is Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles?

Shooting or throwing deadly missiles into dwellings, vessels, or vehicles is a serious criminal offense in Florida. According to Florida Statute 790.19, this crime involves wantonly or maliciously shooting at, within, or into, or throwing any missile or hurling a stone or other hard substance capable of causing death or great bodily harm into any public or private building, vessel, or vehicle, whether occupied or not.

What is Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles? This crime involves wantonly or maliciously shooting at, within, or into, or throwing any missile or hurling a stone or other hard substance capable of causing death or great bodily harm into any public or private building, vessel, or vehicle, whether occupied or not.

Understanding the gravity of this charge is crucial. This offense is not merely a minor infraction but a serious felony under Florida law. The law categorizes it as a second-degree felony, which indicates the severity of the act and its potential consequences.

To secure a conviction for this offense, the prosecution must prove the following elements beyond a reasonable doubt:

  • Willful and Malicious Action: The defendant must have acted wantonly or maliciously. This means the act was done with a reckless disregard for safety or with ill intent.
  • Use of a Deadly Missile: The defendant must have shot at, within, or into, or thrown a missile or hurled a hard substance.
  • Target: The target must have been a dwelling, vessel, or vehicle, either occupied or unoccupied.
  • Potential Harm: The missile or hard substance must have been capable of causing death or great bodily harm.

This crime is classified as a second-degree felony, making it a severe charge with significant legal consequences. Conviction can lead to a lengthy prison sentence, substantial fines, and a permanent criminal record. If you are facing such charges, it is crucial to seek legal advice from an Orlando Gun Crime Lawyer to understand your rights and potential defenses.

Deadly Missiles

Furthermore, the impact of a conviction extends beyond the immediate penalties. It can affect your civil rights, including the right to vote and possess firearms, and can create barriers to employment and housing. Therefore, understanding the legal elements and consequences of this charge is essential for anyone facing such allegations.

For more information on related offenses and strategic defenses, visit our page on strategic defense for weapon-involved offenses.

In conclusion, shooting or throwing deadly missiles into dwellings, vessels, or vehicles is a grave offense with severe legal ramifications. If you or a loved one is facing such charges, it is imperative to consult with an experienced Orlando Weapons Crimes Lawyer to explore your legal options and build a strong defense.

Penalties for Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles

The penalties for shooting or throwing deadly missiles into dwellings, vessels, or vehicles are severe. As a second-degree felony, this crime is punishable under Florida law by:

  • Up to 15 years in prison.
  • Up to 15 years of probation.
  • Fines up to $10,000.

In addition to these statutory penalties, a conviction can result in other long-term consequences such as a permanent criminal record, loss of civil rights, and difficulties in finding employment or housing.

Aggravating Factors

Several factors can aggravate the penalties, including:

  • The presence of minors in the dwelling, vessel, or vehicle.
  • Prior criminal history of the defendant.
  • Use of a firearm or other deadly weapon.

These factors can lead to enhanced sentencing and more severe legal repercussions.

What constitutes an aggravating factor in this context? An aggravating factor is any circumstance or detail that increases the severity or culpability of a criminal act, such as the presence of minors or a prior criminal history.

Given the serious nature of this crime, it’s crucial to understand all potential penalties and aggravating factors. For instance, the presence of minors in the dwelling, vessel, or vehicle can significantly increase the severity of the punishment. This is because the law seeks to protect vulnerable individuals, and any threat to their safety is taken extremely seriously. Similarly, if the defendant has a prior criminal history, this can serve as an aggravating factor, leading to harsher sentencing. The use of a firearm or other deadly weapon also elevates the gravity of the offense, potentially resulting in more severe legal consequences.

Penalties for Shooting or Throwing Deadly Missiles

It’s important to note that Florida’s Criminal Punishment Code assigns a Level 6 offense to this crime, with a starting point of 36 on the sentencing guidelines score sheet. If only a Level 6 offense is involved, it remains under the 44-point threshold required for a mandatory state prison sentence. However, if additional charges or violations add enough points to surpass 44 points, a state prison sentence becomes likely. This underscores the importance of having an experienced Orlando Weapons Crimes Lawyer who can navigate these complexities and build a strong defense.

Beyond the immediate legal penalties, a conviction for shooting or throwing deadly missiles into dwellings, vessels, or vehicles can have long-lasting impacts on your life. A permanent criminal record can limit your employment opportunities, making it difficult to secure a job or pursue a career. Additionally, you may face challenges in finding housing, as many landlords conduct background checks and may be hesitant to rent to individuals with a criminal history. The loss of civil rights, such as the right to vote or own a firearm, can also be a significant consequence of a felony conviction.

For those who are professionals, such as teachers, nurses, or commercial drivers, a felony conviction can jeopardize your career and professional licenses. The financial burden of fines, legal fees, and mandatory programs can also be overwhelming. Understanding these consequences is vital, and consulting with a skilled attorney from Leppard Law can provide the guidance you need to navigate this challenging situation.

In summary, the penalties for shooting or throwing deadly missiles into dwellings, vessels, or vehicles are substantial and can have far-reaching effects on various aspects of your life. If you find yourself facing such charges, it is crucial to seek legal representation immediately. An experienced attorney can help you understand the potential consequences and work to build a robust defense strategy. For more information on related offenses, visit our page on discharging any destructive device.

Don’t face these challenges alone. Contact Leppard Law: Weapons Defense Attorneys at 407-476-4111 for a free consultation. Our experienced team is here to provide the support and legal expertise you need.

Examples of Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles

To better understand the crime of shooting or throwing deadly missiles into dwellings, vessels, or vehicles, let’s explore some hypothetical examples. These scenarios illustrate the various ways in which this crime can be committed and the potential dangers involved.

  • Example 1: John, in a fit of rage, throws a large rock through the window of his neighbor’s house, shattering the glass and endangering the occupants inside. This act falls under the purview of throwing a deadly missile as defined by Florida law.
  • Example 2: During a road rage incident, Sarah fires a gun at another vehicle, hitting the car’s windshield and narrowly missing the driver. This scenario is a classic case of reckless discharge of a firearm, which is a serious offense.
  • Example 3: Mark, while intoxicated, throws a brick at a passing bus, breaking a window and causing panic among the passengers. This reckless act can lead to charges under Florida’s laws regarding deadly missiles.

These examples vividly demonstrate the gravity and potential consequences of such actions. In each case, the individuals involved face severe legal repercussions, including possible prison time, hefty fines, and a permanent criminal record. Let’s delve deeper into these scenarios to understand the nuances better.

Example 1: Rock Through a Neighbor’s Window

Imagine John, frustrated and angry after an argument, picks up a large rock and hurls it through his neighbor’s window. The glass shatters, and the occupants inside are put at significant risk. This action is not just a momentary lapse in judgment; it’s a serious criminal offense. Under Florida Statute 790.19, John could be charged with a second-degree felony, facing up to 15 years in prison and substantial fines. The legal system considers the potential for harm, even if no one was physically injured.

What constitutes shooting or throwing deadly missiles? According to Florida Statute 790.19, it involves wantonly or maliciously shooting at, within, or into, or throwing any missile or hurling a hard substance capable of causing death or great bodily harm into any public or private building, vessel, or vehicle.

Example 2: Road Rage Incident

Consider Sarah, who, in a moment of extreme road rage, fires a gun at another vehicle. The bullet hits the windshield, narrowly missing the driver. This reckless act is a textbook example of a weapon-involved offense. Not only does Sarah face criminal charges, but her actions also endanger lives and create a hazardous situation on the road. The penalties for such an offense are severe, including potential imprisonment and significant fines. It’s a stark reminder of the importance of keeping emotions in check and the serious consequences of letting anger dictate actions.

Example 3: Intoxicated Assault on a Bus

Mark’s decision to throw a brick at a passing bus while intoxicated creates chaos and panic among the passengers. The broken window could lead to injuries and endangers everyone on board. This reckless behavior is not just a minor infraction; it’s a serious crime under Florida law. Mark could be charged with a second-degree felony, facing severe legal penalties. This example underscores the dangers of irresponsible actions, especially when influenced by substances like alcohol.

These scenarios highlight the various ways in which shooting or throwing deadly missiles can manifest, each carrying significant legal consequences. For those facing such charges, it’s crucial to seek legal representation immediately. An experienced Orlando Gun Crime Lawyer can help navigate the complexities of the legal system and build a robust defense strategy.

If you or someone you know is facing charges related to shooting or throwing deadly missiles, don’t hesitate to contact Leppard Law: Weapons Defense Attorneys at 407-476-4111 for a free consultation. Our dedicated team is here to provide the support and legal expertise you need to tackle these serious charges.


Defenses Against Charges of Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles

Facing charges for shooting or throwing deadly missiles into dwellings, vessels, or vehicles can be daunting. However, several potential defenses can be employed to fight these serious allegations. Understanding these defenses can provide clarity and hope for those accused. Let’s explore some of the most common and effective defense strategies.

What are the defenses for shooting or throwing deadly missiles into dwellings, vessels, or vehicles? Common defenses include lack of intent, self-defense, mistaken identity, and insufficient evidence.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney can help explore all available options. Below are some key defenses that can be considered:

  • Lack of Intent: The prosecution must prove that the defendant acted wantonly or maliciously. If the defense can demonstrate that the defendant did not have the required intent, it can significantly weaken the prosecution’s case. For instance, if the act was accidental or the result of a misunderstanding, this defense might be applicable.
  • Self-Defense: In some cases, the defendant may have been acting in self-defense. If the defense can show that the defendant had a reasonable belief that they were in imminent danger and that their actions were necessary to protect themselves, this can be a valid defense against the charges. Self-defense is a powerful argument, especially when backed by evidence.
  • Mistaken Identity: Sometimes, the wrong person is accused of a crime. If the defense can present evidence that the defendant was not the person who committed the act, such as alibi witnesses or video footage, this can lead to an acquittal. Mistaken identity is a serious issue and can be effectively challenged with the right evidence.
  • Insufficient Evidence: The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the defense can show that the evidence is insufficient to meet this standard, the charges may be dismissed. This might involve challenging the credibility of witnesses, the reliability of forensic evidence, or other weaknesses in the prosecution’s case.

Given the complexity of these cases, it is crucial to have a knowledgeable and experienced attorney on your side. An attorney can thoroughly investigate the case, gather evidence, and develop a robust defense strategy tailored to your specific situation. At Leppard Law, our team of dedicated attorneys is here to help you navigate through these challenging times.

For example, in cases involving weapon-involved offenses, the defense strategy may include questioning the legality of the search and seizure of the weapon. If the weapon was obtained through an illegal search, it might be possible to have the evidence excluded, which can significantly impact the case.

Moreover, the defense might also explore the possibility of negotiating a plea deal. In some situations, it might be in the defendant’s best interest to plead guilty to a lesser charge, which can result in reduced penalties. An experienced attorney can negotiate with the prosecution to achieve the best possible outcome for the defendant.

Another crucial aspect of the defense strategy is to scrutinize the prosecution’s evidence. For instance, if the case involves the discharge of a firearm in public, the defense might challenge the ballistics evidence or the credibility of eyewitnesses. By meticulously examining the evidence, the defense can identify weaknesses and inconsistencies that can be used to cast doubt on the prosecution’s case.

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It is also important to consider the defendant’s background and character. If the defendant has no prior criminal history and has a good reputation in the community, this can be used to argue for leniency in sentencing. Character witnesses and evidence of the defendant’s positive contributions to society can be powerful tools in the defense strategy.

Ultimately, the goal of the defense is to achieve the best possible outcome for the defendant, whether that means securing an acquittal, negotiating a favorable plea deal, or obtaining a reduced sentence. At Leppard Law, we are committed to providing our clients with the highest level of legal representation and support. Our experienced Orlando Gun Crime Lawyers are here to fight for your rights and help you through this difficult time.

If you or a loved one is facing charges for shooting or throwing deadly missiles into dwellings, vessels, or vehicles, don’t hesitate to contact us at Leppard Law: Weapons Defense Attorneys for a free consultation. Call us today at 407-476-4111. Let us provide you with the expert legal representation and support you need to defend against these serious charges.


Infographic depicting the words Shooting or Throwing Deadly Missiles Into Dwellings, Vessels, or Vehicles


What constitutes a deadly missile in Florida?

A deadly missile in Florida is defined as any hard substance, such as a rock or brick, that is capable of causing death or great bodily harm when thrown or projected at a dwelling, vessel, or vehicle.

What should I do if I am accused of shooting into a dwelling?

If you are accused of shooting into a dwelling, it is crucial to contact an experienced criminal defense attorney immediately. They can help you understand the charges, gather evidence, and develop a defense strategy tailored to your case.

Can throwing a rock at a car be considered a felony?

Yes, throwing a rock at a car can be considered a felony in Florida if the rock is capable of causing death or great bodily harm. This act falls under the category of shooting or throwing deadly missiles into vehicles.

What are the possible defenses against charges of throwing deadly missiles?

Possible defenses against charges of throwing deadly missiles include lack of intent, self-defense, mistaken identity, and insufficient evidence. Each case is unique, so consulting with a skilled attorney is essential to explore all available options.


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Top-Rated Weapons Lawyers Serving Florida

Looking for the best Weapons lawyers in Florida? Our distinguished team of attorneys is committed to offering you the best possible defense against your Weapons charges.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every Weapons case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.