St. Petersburg Discharging a Firearm in Public Attorney
A single moment, a single trigger pull, can result in a felony charge that follows you for the rest of your life. Florida takes firearm offenses seriously, and discharging a weapon in a public space is not treated as a minor infraction. If you are looking at a charge under Florida Statute 790.15, the law is specific, the penalties are real, and the decisions you make right now about how to respond will shape everything that comes next. Omar Abdelghany of OA Law Firm has handled criminal charges throughout the Tampa Bay region, including Pinellas County, and he personally manages every case from the first call through the final resolution. If you need a St. Petersburg discharging a firearm in public attorney, this page is written to give you an honest picture of what you are dealing with.
What Florida Law Actually Says About Discharging a Firearm in Public
Florida Statute 790.15 makes it a first-degree misdemeanor to knowingly discharge a firearm in a public place, over a road, or in any place where people are gathered. A conviction at that level carries up to one year in jail, twelve months of probation, and a $1,000 fine. But that is the baseline, and the charge escalates quickly depending on context.
If the firearm is discharged from a vehicle, or if someone is in or on a vehicle at the time, the offense becomes a second-degree felony. That means a potential sentence of up to fifteen years in Florida state prison. The distinction matters enormously, and yet it can turn on facts that are genuinely contested: whether the vehicle was in motion, whether the discharge originated from inside the vehicle, or whether the person charged was actually the one who fired. These are not legal technicalities. They are the difference between a misdemeanor on your record and a felony that affects your right to vote, your right to possess a firearm, your housing options, and your employment prospects for decades.
St. Petersburg and Pinellas County law enforcement treat these charges with significant resources behind them. The Pinellas County Sheriff’s Office, SPPD, and Florida Department of Law Enforcement are all active in this region, and when a firearm discharge is reported, the investigation often moves quickly. Witness statements, ShotSpotter audio detection systems, surveillance camera footage from the commercial corridors along Central Avenue and the waterfront areas, and digital evidence from nearby devices can all be gathered within hours of the incident. The window for building a sound defense narrows the longer you wait to retain counsel.
How These Charges Get Built and Where They Can Break Down
Prosecutors in Pinellas County build discharging cases on a combination of physical evidence and witness identification. The presence of shell casings, gunshot residue, ballistic trajectories, and surveillance footage are all commonly used. What they need to prove, however, is not just that a firearm was discharged near a public space. They must prove that the specific defendant knowingly did it.
That “knowingly” element opens real defense territory. Someone who fires a weapon on what they reasonably believed was private, rural, or otherwise lawfully permissible property, and who did not know that road or structure was within range, has a meaningful argument against the knowledge element. Similarly, someone who fired in an immediate defensive situation may have a lawful self-defense claim under Florida’s statutory framework, including the Stand Your Ground provisions.
Beyond the substantive elements, evidence collection is an area where law enforcement errors can be consequential. If police conducted a search of a vehicle or residence without a warrant or valid exception, any firearm or related evidence recovered may be suppressible. If witness identification was conducted through a suggestive lineup or procedure, the reliability of that identification can be challenged. The strength of a case on paper does not always hold up once the evidence is examined carefully and the legal standards applied to how it was obtained.
Omar Abdelghany begins each case by reviewing the police reports in detail and working through the events directly with the client to understand what actually happened and what the evidence actually shows. That factual groundwork is what makes a defense strategy realistic rather than theoretical.
Collateral Consequences That Do Not Show Up in the Sentence
Even a misdemeanor conviction under 790.15 triggers consequences that extend well beyond the sentence imposed. Florida law imposes a mandatory three-year minimum sentence if the offense involves a firearm in certain felony contexts, and federal law under 18 U.S.C. 922(g) can strip a person of the right to possess firearms if a felony conviction is on their record. For a second-degree felony conviction on a vehicular discharge, federal firearms disability kicks in immediately and permanently unless a court later restores rights.
Professional license holders face additional exposure. Nurses, real estate agents, contractors, teachers, and a wide range of other licensed professionals in Florida are subject to license revocation or suspension proceedings following a criminal conviction, sometimes even for misdemeanors depending on the licensing board. A firearms discharge conviction is the kind of charge that licensing boards take seriously because it involves the use of a dangerous weapon.
Immigration consequences are also a real concern for non-citizens. Depending on the offense level and the specific facts, a conviction could constitute a crime involving moral turpitude or an aggravated felony under federal immigration law, with consequences ranging from denial of naturalization to removal proceedings. If immigration status is part of your situation, that needs to be a factor in every strategic decision made in the criminal case.
Questions About Discharging a Firearm Charges in St. Petersburg
What is the difference between the misdemeanor and felony version of this charge?
The key distinction under Florida Statute 790.15 is whether a vehicle was involved. Discharging a firearm in a public place without a vehicle is generally a first-degree misdemeanor. If the discharge happens from a vehicle, or if the person charged was inside or on a vehicle at the time, it becomes a second-degree felony with a maximum of fifteen years in prison. The facts around vehicle involvement are often contested in these cases.
Does Florida’s Stand Your Ground law apply to these charges?
It can, depending on the facts. If the discharge occurred in response to a genuine, immediate threat of death or serious bodily harm, and the person who fired had a lawful right to be in the location, Florida’s self-defense statutes may provide a complete defense. The Stand Your Ground law can also apply to a pre-trial immunity hearing, which, if successful, can result in the charges being dismissed before trial.
Can a discharging charge affect my concealed carry permit?
Yes. A conviction, and in some cases even a pending charge, can result in suspension or revocation of a Florida concealed weapons license. The Florida Department of Agriculture and Consumer Services, which administers the concealed carry program, has authority to act on licensees who are charged with or convicted of a disqualifying offense. This is one reason why resolving the criminal charge favorably matters beyond just the immediate sentence.
What if the firearm discharged accidentally?
The “knowingly” element in the statute is significant here. A truly accidental discharge, where there was no intent to fire, may support a defense that the legal standard for the offense was not met. The challenge is proving the discharge was unintentional, which typically requires looking at the physical evidence, the mechanism of the firearm, and the circumstances surrounding the incident.
How quickly do these cases typically move through Pinellas County courts?
Misdemeanor cases in Pinellas County are handled through county court and often move faster than felony cases, though timelines vary. Felony charges go through circuit court and may take longer depending on the complexity of the evidence, whether pretrial motions are filed, and the court’s docket. Either way, having counsel early gives more time to investigate before evidence degrades or witnesses become unavailable.
Will this charge show up on a background check if the case is resolved without a conviction?
The arrest record will still appear unless the charge is sealed or expunged. Florida has specific eligibility requirements for sealing and expunging criminal records, and not everyone qualifies. However, if the charge is reduced, dismissed, or results in a withhold of adjudication, there may be a path to sealing the record. This is something to discuss with your attorney early in the process, not after the case closes.
Is it possible to get charges like this reduced or dismissed?
Yes. Case outcomes depend entirely on the evidence, the specific facts, the legal arguments available, and how aggressively the defense is pursued. Charges have been reduced or dismissed in cases where the evidence was obtained unlawfully, where witness identification was unreliable, where the facts did not support the specific statutory elements, or where a self-defense claim was viable. No outcome is guaranteed, but a thorough defense gives you the best realistic chance at the best realistic result.
Facing a Firearm Discharge Charge in Pinellas County? Talk to OA Law Firm.
Omar Abdelghany founded OA Law Firm on the principle that every person charged with a crime, regardless of the charge, deserves direct access to their attorney and full commitment to their defense. He handles all matters personally, meaning when you retain OA Law Firm, you deal with Omar directly, not a paralegal or a junior associate. He is licensed in all Florida courts and in the U.S. District Courts for the Middle and Northern Districts of Florida. If you need a St. Petersburg attorney for a discharging a firearm in public charge, contact OA Law Firm to schedule a consultation. The office is available around the clock.
