What is the crime of Shooting or Throwing a Missile, Stone, or Hard Substance At, Within, Into, or In a Building, Vehicle, Vessel, or Aircraft in Florida?

Police behind crime tape

The crime of Shooting or Throwing a Missile, Stone, or Hard Substance At, Within, Into, or In a Building, Vehicle, Vessel, or Aircraft is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine.

This offense occurs when a:

    • Person shot or threw a missile that would produce death or great bodily harm.
    • Person hurled or projected a stone or other hard substance that would produce death or great bodily harm.
    • Person shot a firearm that would produce death or great bodily harm.
  1. The person did so at, within, into or in:
    • a public or private building, occupied or unoccupied.
    • a public or private bus, that was being used or occupied by any person.
    • a train, locomotive, railway car, caboose, cable railway car, street railway car, or monorail car that was being used or occupied by any person.
    •  a vehicle of any kind that was being used or occupied by any person.
    • a boat, vessel, ship, or barge lying in or plying the waters of this state.
    • an aircraft flying through the air space of this state.
  2. The person’s act was done wantonly or maliciously.  

Wantonly” means consciously and intentionally, with reckless indifference to consequences and with the knowledge that damage is likely to be done to some person.

“Maliciously” means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.

A “firearm” means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any destructive device;] [any machine gun].

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises.

Some of the defenses to Shooting or Throwing a Missile, Stone, or Hard Substance At, Within, Into, or In a Building, Vehicle, Vessel, or Aircraft are:

  • The act would not produce great bodily harm or death.
  • Person did not shoot or throw a missile, stone, or other hard substance.
  • Person did not act wantonly or maliciously.

References:

State v. Kettell: On act done wantonly or maliciously.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Shooting or Throwing a Missile, Stone, or Hard Substance At, Within, Into, or In a Building, Vehicle, Vessel, or Aircraft in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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