Shooting Or Throwing A Deadly Missile

The crime of shooting or throwing a deadly missile is a felony under Florida law. A crime such as this is in the direct purview of Florida state law. An example of this offense would be throwing a rock through a window or shooting a gun during a “drive by” shooting.

Under Florida state law, shooting or throwing a deadly missile is when one who 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.

To be convicted under Florida state law of shooting or throwing a deadly missile, the government must prove beyond a reasonable doubt the following: 1. The defendant shot a firearm, threw a missile, or hurled or projected a stone or any other hard substance that would produce death or great bodily harm; 2. he or she did so at, within, or into a public or private building, occupied or unoccupied, a public or private bus, a train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or 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, or an aircraft flying through the air space of this state; and 3. the act was done wantonly or maliciously. Conviction of this offense is a felony of the second degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 15 years.