Florida People Please Help Before I lose My Freaking Mind

Discussion in 'Second Amendment & Legal' started by PUNISHER, May 7, 2012.

  1. Ok here is the deal.

    Ive been reading about this story for a while now.

    Im looking for information on what the punishment is for doing a warning shot?

    What ever info you have please post the link. Ive been looking for a few days and I cant find anything.
     

  2. GlockIt

    GlockIt Carry on my friends!!!!

    Chapter 790 article 15 search with that
     
  3. If ever asked... It wasnt a warning shot... It was a missed attempt at a hit.
     
  4. jonm61

    jonm61 New Member

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    For FL there's also discharging a firearm within X feet of a dwelling (I don't remember the distance any more). There used to be ordnances for discharging firearms within city limits as well, but all of that stuff had to be repealed when FL pushed the statute saying that no local law could be passed that was more restrictive than state law.

    If that shot goes into a house, I think (and we're really testing my memory here) that there's another statute for discharging a firearm into a dwelling.

    I haven't had need to know these in a long time and since I also don't live in FL anymore, I haven't bothered to keep up.

    If you're going to say that then you'd better have had a legal basis for shooting at said target. In a lot of cases of "warning shots" there wasn't.
     
  5. Thanks guys for the help. I did find it.
     
  6. I concur... My pistol isnt coming out unless its needed though so there should be no questioning my reasonable fear of death if im firing around people.
     
  7. ckuenzer331

    ckuenzer331 Member

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    Amen to that!! I was always taught to never fire a warning shot. If its out you are in fear for your safety or your family's.
     
  8. If anyone wants to know what story was making me look up this information here you go.

    Marissa Alexander, a 31-year-old mother of three, pleaded for her freedom as an inmate in the Duval County Jail in Jacksonville, Florida.
    "This is my life I'm fighting for," she said while wiping away tears. She added, "If you do everything to get on the right side of the law, and it is a law that does not apply to you, where do you go from there?"
    Alexander is referring to Florida's so-called 'stand your ground' law, a law that has come under scrutiny since the killing of Trayvon Martin. Unlike the Martin case, which involved one stranger killing another, Alexander's case involved her gun and her abusive husband.

    On August 1, 2010, she said her husband, Rico Gray, read text messages on her phone that she had written to her ex-husband. She said Gray became enraged and accused her of being unfaithful. "That's when he strangled me. He put his hands around my neck," Alexander said.
    She managed to escape his grip but instead of running out the front door of their home, she ran into the garage, she said, to get into her truck and drive away. Alexander said that in the confusion of the fight, she forgot to get her keys and the garage door wouldn't open, so she made a fateful decision. "I knew I had to protect myself," she said, adding, "I could not fight him. He was 100 pounds more than me. I grabbed my weapon at that point."
    She went back inside the house and when Gray saw her pistol at her side, she said he threatened to kill her, so she raised the gun and fired one shot. "I believe when he threatened to kill me, that's what he was absolutely going to do. That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."
    Alexander, however, said she did not aim the gun at her husband. She said she fired into the air intending to scare him away and Gray quickly left the house with his two children. No one was hurt in the incident, but Alexander sits in jail facing a 20-year sentence on three charges of aggravated assault with a deadly weapon.
    Gray admitted to a history of physical abuse. In a previous incident, Alexander said he beat her so severely she ended up in the hospital and he ended up in jail. "He pushed me, choked me, pushed me so hard into the closet that I hit my head against the wall and passed out for a second," Alexander said.
    In a deposition for the case against Alexander, Gray backed up much of his wife's story. "I told her if she ever cheated on me, I would kill her," he said during the proceeding led by a prosecutor for State Attorney Angela Corey's office and his wife's defense attorney.
    "If my kids weren't there, I knew I probably would have tried to take the gun from her," Gray said, adding, "If my kids wouldn't have been there, I probably would have put my hand on her." When Alexander's defense attorney asked him what he meant by "put my hand on her," Gray replied, "probably hit her. I got five baby mammas and I put my hands on every last one of them except for one."
    Alexander's attorney filed a motion for dismissal under the stand your ground law but at that proceeding her husband changed his story. Gray said he lied during his deposition after conspiring with his wife in an effort to protect her. At the hearing, he denied threatening to kill his wife, adding, "I begged and pleaded for my life when she had the gun." The motion was denied by the judge.
    Alexander was offered a plea deal by Corey's office, but she opted to go to trial. A jury found Alexander guilty in 12 minutes. She is baffled why invoking the stand your ground law wasn't successful in her case.
    "Other defendants have used it. What's so different about my situation that it doesn't apply to me?" she asked.
     
  9. jonm61

    jonm61 New Member

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    That's a tough one. Regardless of whether the husband threatened her life (which I believe) or pleaded for his, if didn't at least advance on her, if he was just standing there, it's under the "reasonable person" standard to believe that she was truly in fear for her life or great bodily harm.

    Except, that she was a battered spouse. That, for me, changes things a lot. Unfortunately, you're not going to get a jury of 12 battered spouses and you're not likely to get even one. They really needed, if they didn't have at least one, a psychologist to testify as to how being battered changes your perceptions and beliefs. I have no doubt that she really was afraid for her life. It's a shame she didn't actually shoot him.

    "Five baby mammas". Great. That's at least five future criminals, though I have no doubt he's got more than one kid with at least a couple of them. One abusive bastard who produces multiple offspring who will be raised in a ghetto and surrounded by violence. THAT is the future of America.
     
  10. I wouldnt word it like that. But I must admit a lot of truth in your post. I do get what you mean at the end.
    To be honest she would have been better off is she didnt choose a jack ass for a husband.
    Im just trying to figure out what went wrong here. How did they come away with 3 charges of aggravated assault.
    20 years really seems like a lot for someone who did a warning shot. I checked this is like a 3 degree misdemeanor. Punishment is up to a year. I dont know
     
  11. BLCKWLF

    BLCKWLF GrassHopper

    Warning shot…
    1)Waste of ammo
    2) why let the bastard live?

    Anyway… possible illegalities…
    unlawful discharge
    discharge in a dwelling
    discharge in city limits
    Assault with a deadly weapon
    brandishing a firearm
    reckless endangerment
    criminal negligence...
    list can go on and on.
     
  12. The three charges came from "assualting" the husband and two children that were also in the home. She probably also got some form of child endangerment. I gotta say, shooting towards the ceiling in a home is just plain stupid, especially with children in the house.
     
  13. iRockGlock

    iRockGlock Well-Known Member

    Ammo is too expensive to give warning shots lol
     
  14. ChromeDome

    ChromeDome New Member

    My Grandpa used to say, "If you pull a gun on someone, you better be ready to shoot 'em. When you shoot someone, shoot to kill." It's beyond me why anyone who is fearing for their life would fire a warning shot.
     
  15. TampaBaySean

    TampaBaySean New Member

    yeah warning shots are a no no . Improper display of a firearm , Brandishing , unlawful discharge then depending on where you are when shooting you could catch a local charge depending on the landscape. In Florida you shoot the eliminate the threat on eminent danger PERIOD >
     
  16. jonm61

    jonm61 New Member

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    Here you go:
    http://www.leg.state.fl.us/statutes...087&URL=0700-0799/0775/Sections/0775.087.html

    If she hadn't pulled the trigger, she would've gotten 3-5 years per offense, but she pulled the trigger.
     
  17. Augi

    Augi New Member

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    In Florida, (probably other states) if you intend on firing a weapon. Make the shot horizontal, not vertical!