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Throwing or Shooting a Deadly Missile

In Florida, it is a crime to fire a deadly missile (a bullet) into a car or home.  It is also a crime (and the same charge) to throw a deadly missle (a rock) at a moving car.

Florida Statute section 790.19 is titled, "Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles."

The language of the law reads as follows:

"Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable [by a maximum of 15 years in prison]."

The name of the charge is "throwing a deadly missile."  This law enabled the legislature to make it a second-degree felony to fire a gun, or throw a projectile (which can include a rock) into a home or vehicle.

Common scenarios for this charge would include throwing rocks off of an overpass (commonly seen in juvenile court), or shooting a firearm at an occupied vehicle or occupied house (drive-by shooting).  If a person or people are targeted, additional charges could follow such as aggravated assault with a firearm, aggravated battery, or even attempted murder.  Obviously, if somebody is shot and dies, or dies as a result of throwing or shooting a deadly missile, you can be charged with second-degree murder or manslaughter.

If damage is done to property, you may also face criminal mischief charges.  

This charge has made headlines recently with an incident that took place on Interstate 95 near North Miami this past week.  Click here for the link to the Miami Herald article.

Throwing or shooting a deadly missile is a serious charge that carries a penalty of 15 years in prison.  As well, additional felony charges may accompany this charge.

I practice criminal defense in Miami and Broward.  Call today to schedule a consultation.

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