Penalties for Illegal Fireworks in Fort Myers

The Fourth of July is a time of celebration, patriotism, and fireworks. While many Fort Myers residents rush to purchase and ignite fireworks during this special holiday, few are aware of just how serious the consequences can be if they break the law. Illegal fireworks in Fort Myers can lead to strict penalties. Even if you purchase fireworks legally, you could face consequences for using them in an unlawful manner.

Possession of Illegal Fireworks Is a Third-Degree Misdemeanor in Florida 

Generally speaking, most fireworks are illegal throughout the year in Florida – including on the Fourth of July. Specifically banned fireworks include Roman candles, bottle rockets, firecrackers, and anything that launches itself into the air with some kind of propellant. In other words, you are limited to using relatively tame fireworks in Florida. Only certain organizations are allowed fireworks launched into the air, and they usually obtain permits before staging firework shows.

If you are caught using illegal fireworks in Florida, you could face a first-degree misdemeanor and up to a year in jail. There is also a potential $1,000 fine. You may also face serious penalties for selling fireworks without a valid permit, and these penalties may be more severe compared to simply using or possessing illegal variants.

What if I Shoot Fireworks at People in Florida? 

If you actively try to hit other people with fireworks in Florida, you could face very serious criminal penalties. A firework could theoretically be considered a “deadly weapon” or “explosive device” under Florida law, and there may be relatively little legal distinction between a firecracker and a bullet fired from a gun. Both have the potential to maim or kill, and both may lead to assault or battery charges in Florida.

That being said, juveniles are especially likely to engage in this kind of behavior, and their minor status may save them from more serious criminal consequences. If the juvenile is not charged as an adult, they may escape serious prison time. However, the court’s leniency may disappear if the juvenile has caused serious injuries to other people with fireworks.

In 2023, a man from Fort Myers was arrested for throwing a firecracker at a police officer. Although the suspect initially fled in a vehicle at high speed, he was subsequently located and charged with numerous offenses. These included aggravated assault on a law enforcement officer and “shooting a missile into an occupied vehicle.”

Find an Experienced Criminal Defense Lawyer in Fort Myers 

If you have been accused of firework-related crimes, consider a consultation with a Fort Myers criminal lawyer at The Foley & Wilson Law Firm. We know how daunting it can be to face criminal charges after the Fourth of July, especially if you accidentally set off fireworks in an unlawful manner. While the consequences can be serious, they are far from guaranteed. Book a consultation today to learn how you can defend yourself.

Sources: 

nbc-2.com/article/fort-myers-man-arrested-for-throwing-fireworks-at-officer/45962437

wcjb.com/2023/05/24/ocala-man-arrested-after-threatening-someone-with-fireworks-bb-gun/