Throwing Deadly Missiles
Shooting or throwing a deadly missile is a felony charge in the state of Florida. The statute defines this crime as shooting at or into, or throwing a missile, stone, or other hard substance at or into any building, vehicle, or vessel. The crime occurs whether or not the building, vehicle, or vessel is occupied. Due to the broad wording of the law, there are many things that may constitute “deadly missiles”.
If you have been charged with this crime, it’s important that you contact a skilled Tampa criminal defense attorney at Pallegar Law, P.A. We want to protect your rights and fight the charges against you.Malicious Conduct
According to Florida statute (Sect. 790.19), this crime is only committed if the person is proven to have acted wantonly or maliciously. Wanton and malicious acts are purposefully dangerous acts likely to result in damage or great bodily harm. Without intentional and purposeful damage or attempts to damage, a person cannot be convicted of this crime. Keep in mind that you do not have to actually harm anyone to be charged with this crime.What Defines a Missile?
The vague language of the statute means that many things can be classified as missiles. Typically, a missile is defined as an identifiable object that can cause great bodily harm. Florida courts have found the following objects to be missiles: a grapefruit thrown through the window of a vehicle, a soft drink bottle, a rock, and a metal lock. Anything that can be thrown, shot, or projected at a building or a vessel can be a missile under Florida law.Penalties
A charge of throwing or shooting a deadly missile is considered a second-degree felony. This is punishable by up to 15 years in prison, 15 years of probation, and fines of up to $10,000.Defending a Deadly Missile Charge
If you have been charged with the crime of throwing a deadly missile, it’s important that you contact an experienced Tampa criminal defense attorney at Pallegar Law, P.A. Hiring an attorney will help you explore your options and fight the charges against you. At Pallegar Law, P.A, we want to defend your rights.
What defenses can be used to contest a charge of throwing a deadly missile? Because a conviction for this crime requires two elements (use of a missile in a malicious way), a strong defense will challenge both. For example, one possible defense is that the object does not constitute a “missile” under the statute. If the object cannot be defined as a missile (i.e. producing great bodily harm), you cannot be convicted of this crime. Another possible defense is that the act was not wanton or malicious in any way (i.e. with intentional and purposeful damage). If these elements are not present, you cannot be convicted. An aggressive attorney will provide a strong defense and argument to help you fight the charges against you.Call Pallegar Law, P.A. Today
If you or someone you know has been charged with throwing or shooting a deadly missile, call an experienced Tampa criminal defense attorney at Pallegar Law, P.A. today. Call 813-444-3912 for a free consultation.