What Improper Exhibition Means Under Florida Law

As a Florida Improper Exhibition of a Weapon Defense Lawyer, I’ve defended people who were shocked to find themselves facing criminal charges just for showing a firearm. Most were legally carrying. Some were standing up for themselves. Others were completely misunderstood by someone who called the police in anger or fear. The law is worded in a way that gives officers broad discretion, and that's where problems begin.

Under Florida Statute § 790.10, it is a crime to show a weapon in a rude, careless, angry, or threatening way if it is not done in lawful self-defense. The statute does not require that the weapon be pointed at anyone or that physical harm occur. It’s enough if the act of displaying the weapon causes alarm and meets the criteria of being “angry” or “threatening.”

This is why having a private defense lawyer matters. I can challenge the prosecution’s interpretation of your actions. Law enforcement often views a defensive act through a very different lens than the person who felt they were at risk. Prosecutors will use vague statements or the “perception” of others to argue criminal intent. My role is to push back and present the truth — with legal knowledge, case law, and facts.

What Qualifies as “Threatening” and What Is Legal Self-Defense?

The word “threatening” in this context is open to interpretation. What one person sees as an act of defense, another may see as aggression. That’s why I focus heavily on the circumstances surrounding the incident. Were you being confronted? Did the other person provoke you? Were you surrounded, followed, or verbally threatened? Did you fear for your safety or the safety of someone else?

Legal self-defense in Florida allows you to use or display a weapon if you reasonably believe it is necessary to prevent harm. This includes standing your ground without a duty to retreat if you’re in a place you have a lawful right to be.

The key to your defense often rests on showing that your actions were not careless or aggressive but necessary under the situation. As your lawyer, I will work to establish that your behavior fell under Florida’s legal definition of justified use of force.

Real Case Example: Dismissed Charges for a Concealed Carry Holder

A client came to me after being arrested for improper exhibition in a grocery store parking lot. He was legally carrying a concealed firearm and had gotten into a verbal dispute with another driver. The other party claimed that my client flashed his gun during the argument. My client stated he moved his jacket to adjust his holster, which was visible for a moment. He made no threats, and the firearm was never removed.

Despite the lack of physical threats or verbal aggression, police arrested him based on the other party’s accusation alone. The prosecutor offered a plea deal for a reduced charge, but I advised my client to reject it. We obtained parking lot surveillance, interviewed witnesses, and presented a detailed motion showing no intent to threaten. After extensive discussion with the State Attorney, the charges were dismissed entirely.

This case is a perfect example of why you should never try to handle this type of charge without legal help. A court-appointed lawyer may not have time to review video evidence or speak with multiple witnesses. I do.

Penalties for Improper Exhibition

Improper exhibition is a first-degree misdemeanor. If convicted, you face:

  • Up to one year in jail

  • Up to one year of probation

  • A fine of up to $1,000

  • A permanent criminal record

  • Revocation or suspension of your concealed carry license

  • Difficulty passing background checks or obtaining employment

For many of my clients, the charge alone is damaging. Employers may be notified. Social circles change. A misdemeanor can follow you around and impact your future long after the court case ends.

The consequences go beyond the courtroom. That’s why a private defense lawyer is critical. I don’t just aim to minimize jail time, I work to get the charge dismissed or reduced before it becomes a stain on your record.

Defenses That May Apply to Your Case

Every case has unique facts, but here are some of the most common and effective defenses I use when fighting improper exhibition charges in Florida:

Self-Defense Justification:
If you reasonably believed that showing the weapon was necessary to prevent imminent harm to yourself or someone else, I will present that as a full defense. Florida law supports the use of force in protection against threats.

Lack of Threatening Behavior:
Many clients are arrested even though there was no anger, threat, or reckless handling of a weapon. If your actions were calm or cautious, and others simply misinterpreted the situation, I will highlight that distinction.

Accidental Exposure:
This happens frequently with concealed carry holders. Your shirt lifts, or your jacket swings open. That alone should never lead to a criminal charge. I will show the court that no threatening conduct occurred.

False Allegations or Exaggeration:
In domestic disputes, road rage incidents, or confrontations, the other party may lie or exaggerate what happened. If their claims are not supported by witnesses, video, or physical evidence, I will challenge their credibility and push for dismissal.

Stand Your Ground Law:
Florida’s Stand Your Ground law removes the duty to retreat in many cases. If you were in a place you had a legal right to be and feared for your safety, I may be able to raise this law in your defense.

These defenses are fact-specific. That’s why I spend time investigating every angle of your situation and use the full extent of Florida law to protect you.

Other Related Florida Firearm Laws to Consider

Improper exhibition charges can sometimes overlap with other firearm statutes. Prosecutors may stack charges or threaten additional penalties. Here are some laws that may come into play:

  • Florida Statute § 790.06 – Governs concealed weapon permits

  • Florida Statute § 776.012 – Use of force in defense of person

  • Florida Statute § 775.082 and § 775.083 – Penalty schedules

  • Florida Statute § 790.053 – Open carry restrictions

  • Florida Statute § 790.115 – Possession or display at school property

When you work with me, I ensure that every legal angle is reviewed. I’m not just reacting to the charges filed against you. I’m building a plan to protect your rights and limit your exposure to other possible penalties.

Why You Need a Florida Improper Exhibition of a Weapon Defense Lawyer

People often make the mistake of thinking a misdemeanor is no big deal. They go into court expecting to explain themselves, thinking it will all be cleared up. That’s not how Florida’s criminal system works.

A conviction can never be sealed or expunged. It stays on your record permanently unless dismissed or dropped. Judges and prosecutors are not allowed to give legal advice, and you won’t get second chances later if you plead guilty too quickly.

As a private attorney, I have the time and ability to:

  • Interview witnesses

  • Review surveillance footage

  • File motions to dismiss or suppress evidence

  • Negotiate directly with the State Attorney’s Office

  • Build legal arguments for dismissal or acquittal

You can’t undo a conviction. But you can hire the right lawyer before anything becomes final.

Florida Improper Exhibition of a Weapon Defense FAQs

Can I be arrested for showing my gun if I never pulled it out of the holster?
Yes. Under Florida law, if you intentionally reveal a firearm in a way that others see as angry or threatening, you can be arrested. This includes situations where the gun never leaves the holster. I’ve represented clients charged under similar facts. Whether it's legal depends on how it happened, what was said, and whether the other party truly felt threatened or exaggerated the encounter.

What if I was defending myself when I showed the weapon?
Self-defense is one of the strongest defenses to an improper exhibition charge. Florida law allows you to use or display a weapon when necessary to prevent harm. If I can show your fear was reasonable and your response measured, I can fight to have your charges dismissed or reduced.

Is a first-time offense enough to go to jail?
Technically, yes. It’s a first-degree misdemeanor, and the judge can sentence up to one year in jail. But with proper legal representation, I often secure alternative outcomes. This may include dismissal, pre-trial diversion, or probation without jail. My goal is always to keep your record clean and protect your freedom.

Does it matter if I have a concealed carry permit?
Yes and no. While a permit gives you the legal right to carry, it does not give you the right to exhibit the weapon in a threatening or careless way. If you are a permit holder, that can help your case by showing you were trained and responsible. But the legal focus will still be on how you displayed the weapon during the incident.

Can I represent myself and explain my side to the judge?
You can, but it’s rarely a good idea. Criminal cases are built on legal standards, motions, procedures, and rules of evidence. Without experience in court, you could easily say something that harms your case or miss an opportunity to have it dismissed. As your lawyer, I protect your rights, deal with the prosecutor, and make sure no detail is overlooked.

Will this charge affect my job or background check?
Yes. A misdemeanor involving weapons can damage your ability to work in security, law enforcement, healthcare, education, or any field requiring trust or licensing. Even if you avoid jail, the charge can still appear on background checks unless it is dropped or sealed. I work to avoid convictions so you can keep your future options open.

Can I get my concealed carry license back if it’s suspended over this?
Possibly. If the case is dismissed or dropped, we can request reinstatement. If you are convicted, it’s more difficult. I advise all clients facing firearm-related charges to act quickly so we can take steps to protect both your record and your gun rights.

How long does the legal process take for this charge?
It depends on the county and the facts of the case, but most cases take 60 to 120 days. I can often file pre-trial motions that shorten the process. The sooner I get involved, the sooner I can start working toward dismissal or a reduction.

Call a Florida Improper Exhibition of a Weapon Defense Lawyer Now

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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Don’t wait to protect your future. Call now to speak with a defense lawyer who knows Florida gun laws inside and out, and who will fight for your freedom.