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Gun Crime Results

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CHARGES DISMISSED – SANFORD IMPROPER EXHIBITION OF A FIREARM THROWN OUT AFTER MOTION TO DISMISS

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

 Judge:

 The Honorable John L. Woodard

Charge(s): Improper Exhibition of a Firearm
Arresting Agency: Seminole County
Facts: XX was seen cleaning a gun in his backyard by his neighbor, sometime later the same neighbor allegedly heard a gunshot coming from near XX’s residence. When law enforcement arrived they found XX’s firearm and stated XX had been drinking. XX was charged with improper exhibition of a firearm. 
Defense: The most essential element of the charge of improper exhibition of a firearm is that that gun was actually "exhibited". Based on the facts leading up to XX's criminal charge there was never evidence that the neighbor visually saw XX improperly or recklessly using the firearm. Ryan filed a motion to dismiss the charge against XX.
Result: The Judge granted Ryan's motion to dismiss.  All charges dismissed.

 

LONGWOOD CARRYING A CONCEALED FIREARM DROPPED

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

Judge:

The Honorable Deborah Neslon

Charge(s): Carrying a Concealed Firearm
Arresting Agency: Longwood Police Department
Facts:

XX was stopped on Interstate 4 for Speeding in the early morning hours by the Longwood Police Department. XX was working as a driver for a trucking company. After the stop, XX was asked if he had any weapons in the vehicle, he replied yes a gun. XX was thrown out of his vehicle and placed into custody, the firearm was found in the center console of the truck in a snapped holster. XX was arrested for the felony, possession of a concealed firearm.

Defense:

The charge of carry conceal requires that the firearm be readily accessible for immediate use and that the gun is not securely encased. Because XX’s gun was in a holster and not for example under his seat case law indicated the gun was not concealed for purposes of the statute. Ryan filed a motion to dismiss and the Stated dropped the charge.

Result: All charges dropped

 

DELAND AGGRAVATED ASSAULT WITH A DEADLY WEAPON REDUCED TO MISDEMEANOR IMPROPER EXHIBITION

 

Case:

State of Florida vs. XX, Volisia County, Deland, Florida

Judge:

The Honorable Margaret Hudson

Charge(s): Aggravated Assault with a Deadly Weapon
Arresting Agency: Deland Police Department
Facts:

XX, an elderly man, pulled over on the side of the road and on to a driveway to complete a cell phone call. After several minutes a person came towards XX car and what he thought was an aggressive manner. XX, was threatened and as a result shown the person he was armed, but did not point the gun at the victim. XX was arrested for aggravated assault. 

Defense:

After depositions and presenting the State of Florida with argument that the assault would be difficult to prove, the State offered an amended misdemeanor charge. XX took the offer as he did not want to risk a 3 year minimum mandatory as the prosecutor was going to amend to improper exhibition of firearm.

Result: Charge reduced to misdemeanor

SANFORD MAN RECIEVES PROBATION AFTER SHOOTING A MAN EIGHT TIMES AND BEING CHARGED WITH ATTEMPTED MURDER 

 

Case:

State of Florida vs. XX, Seminole County, Sanford, Florida

 Judge:

 The Honorable Kenneth Lester

Charge(s): Aggravated Battery Reclassified
Arresting Agency: Sanford Police Department
Facts: XX was originally charged with attempted murder for a self-defense/stand your ground case. XX was “hanging out” with friends in an apartment complex parking lot when XX was struck in the face with a pistol. XX believed he was then shot at, there was conflicting evidence as to if XX was shot at. XX fired at the alleged victim, shooting him several times, but not killing the victim. 
Defense: Ryan worked the case for more than 2 years. Several Motions were filed and more than 30 depositions were conducted. The case was preparing to be tried, when the State made an offer that XX was amenable to; rather, than risking minimum mandatory prison.
Result: XX was sentenced to community control/probation

 

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