St. Petersburg Improper Exhibition of a Firearm Attorney
Florida law draws a hard line between lawfully carrying a firearm and displaying one in a way that alarms, threatens, or provokes others. That line shows up in courtrooms across Pinellas County more often than most people expect, and the charge attached to crossing it, improper exhibition of a firearm, is a first-degree misdemeanor that carries real consequences for anyone with a concealed carry permit, a professional license, or a record they cannot afford to complicate. Omar Abdelghany of OA Law Firm handles firearm charges throughout the Tampa Bay region, including St. Petersburg, and approaches each case with a detailed review of the specific facts rather than a one-size-fits-all strategy.
What Florida Statute 790.10 Actually Covers
The charge stems from Florida Statute 790.10, which prohibits exhibiting a firearm, electric weapon, or dangerous weapon in the presence of one or more persons in a rude, careless, angry, or threatening manner that is not necessary for self-defense. Every word in that statute matters when building a defense.
The law does not prohibit displaying a firearm under all circumstances. A person who draws a weapon in genuine self-defense, or who handles a firearm in a context that does not threaten or alarm anyone present, has not committed a crime under this statute. What the State must show is that the manner of exhibition went beyond lawful handling or display and crossed into conduct that a reasonable person would find threatening or alarming. That is a factual question, and factual questions are where defense work happens.
Prosecutors in Pinellas County handle these cases with varying levels of aggression depending on the underlying circumstances. A charge arising from a road rage incident on I-275 near St. Petersburg will be treated differently from one arising out of a dispute at a Ybor City-area establishment, even though both technically fall under the same statute. How the incident was reported, who witnessed it, and what physical or digital evidence exists all shape the path a case will take.
The Penalty Picture and Why a Misdemeanor Carries More Weight Than It Sounds
A first-degree misdemeanor conviction in Florida carries up to one year in county jail and up to twelve months of probation, along with fines. Those numbers matter. But for a large portion of people charged with improper exhibition in St. Petersburg, the downstream consequences are what create the most lasting damage.
Florida’s concealed carry permit system requires holders to remain free of convictions for certain weapons offenses. A conviction under 790.10 can trigger permit revocation, and once that happens, reapplication is not straightforward. For someone whose employment involves security work, firearms instruction, or any licensed profession that includes background screening, a misdemeanor weapons conviction creates a disclosure obligation that follows them from job to job.
There are also consequences that do not appear anywhere on the sentencing sheet. Landlord background checks, professional licensing renewal applications, and certain civil proceedings all treat a weapons-related conviction as a meaningful red flag. None of this means the charge is insurmountable. It does mean the resolution of the case matters far more than the category of the offense suggests at first glance.
How Defense Arguments Actually Develop in These Cases
Omar Abdelghany reviews police reports, witness statements, video footage when available, and the full context of what brought law enforcement to the scene. That review often turns up details that complicate the State’s version of events or that support a specific defense theory.
Self-defense is the most direct defense the statute itself contemplates. Florida’s self-defense framework, which includes both traditional principles and the protections codified in Chapter 776, allows a person to display a weapon when they reasonably believe it is necessary to prevent imminent unlawful force. If the circumstances leading up to the exhibition show that the accused faced a genuine threat, that evidence has to be part of any serious defense strategy.
Other avenues worth examining include the credibility and consistency of the complaining witness, especially in cases where no other witnesses were present, no video exists, and the only evidence is one person’s account against another’s. Witnesses in these situations sometimes have motives, whether personal disputes, ongoing civil matters, or prior relationship conflicts, that affect how their accounts should be weighed. Bringing those motives into focus is part of what a defense investigation does.
There is also the question of whether police procedure was followed correctly. Stop and detention rules, search protocols, and the manner in which statements were obtained from the accused all have bearing on what the State can actually use at trial. Evidence that was gathered improperly does not automatically disappear, but it can be challenged through suppression motions that, if successful, significantly alter the prosecution’s case.
Questions People Ask About This Charge in St. Petersburg
Does this charge affect my concealed carry permit automatically?
Not automatically upon arrest, but a conviction creates grounds for the Florida Department of Agriculture and Consumer Services to revoke a concealed carry license. The charge itself, while serious, does not strip you of your permit while the case is pending. How the case resolves is what determines the permit’s fate.
Can this charge be expunged from my record in Florida?
Florida has a sealing and expungement process, but eligibility depends on several factors including prior record and how the case was resolved. A case that resulted in a withhold of adjudication may qualify for sealing. A conviction does not. This is one reason the resolution strategy matters, not just whether someone avoids jail time.
What if I was acting in self-defense but still got arrested?
Arrest and conviction are not the same thing. Law enforcement officers make probable cause determinations in the field without the full picture. The self-defense argument gets its full evaluation during the prosecution phase, and a well-documented defense, supported by the specific facts of what you faced, can result in charges being dropped before trial or in acquittal at trial.
Is it possible to get this charge reduced or diverted before trial?
Pinellas County does have diversion and pre-trial intervention programs, and certain first-time offenders may qualify depending on the facts of their case and their background. These programs are not available in every situation, and the prosecutor’s willingness to consider diversion often depends on how the case is presented and negotiated. This is not a conversation best had without counsel.
What happens if this charge is connected to another offense, like disorderly conduct or assault?
Stacked charges are common in these situations because the same incident often generates multiple overlapping allegations. The presence of additional charges does not mean all of them will survive through to trial. Each charge has its own elements, and a defense that undermines one may create room to resolve or dismiss others as well.
Omar personally handles all cases at OA Law Firm, right?
Yes. Omar Abdelghany personally handles all matters at the firm from start to finish. There are no handoffs to associates or assistants. He communicates directly with clients, returns calls and emails promptly, and stays involved in every stage of the case. That structure is a deliberate choice, not a marketing claim.
Does it matter that I have no prior record?
Prior record is one factor that shapes both how aggressively a case is prosecuted and what resolution options may be available. A clean record can support arguments for diversion, reduced charges, or withheld adjudication. It does not make the charge disappear, but it is a genuine asset in negotiation and, if necessary, at trial.
Reach Out to a St. Petersburg Firearm Exhibition Defense Attorney
OA Law Firm represents clients facing improper exhibition charges throughout St. Petersburg and Pinellas County, as well as across the broader Tampa Bay area. Omar Abdelghany is licensed to practice in all Florida courts and in federal courts in the Middle and Northern Districts of Florida. If you are dealing with this charge, getting accurate information about your specific situation is the place to start. Contact OA Law Firm to speak directly with an improper exhibition of a firearm attorney who will review your case and tell you honestly what your options look like.
