What Happens if You Shoot at Police But Don’t Kill Anyone?

People may get into gun fights with police officers for various reasons. Often, these shootouts occur after defendants are caught committing crimes – such as bank robberies or carjackings. However, shootouts can also occur during moments of desperation, such as suicide attempts or mental health crises. What happens if you shoot at police officers in Fort Myers? Could you still face penalties even if no one was killed?

Man Gets 40 Years for Nonfatal Shootout With SWAT and Police in Fort Myers 

In January of 2025, various sources reported that a man had been sentenced to 40 years in prison after a dramatic but ultimately nonfatal shootout with police and SWAT in Fort Myers. He was sentenced to 10 counts of aggravated assault on law enforcement officers, two counts of aggravated battery on law enforcement officers, two counts of shooting into an occupied vehicle, and one count of resisting arrest with violence.

These charges stemmed from a 2023 incident involving the defendant breaking into his girlfriend’s home and shooting her. She survived this attack, and the defendant fled back to his home in Charlotte County. Knowing that law enforcement was on its way, the defendant then barricaded himself inside and prepared for a shootout.

SWAT arrived and attempted to negotiate with the defendant. This went on for several hours until the SWAT team deployed gas into the home. Although the gas was intended to subdue the defendant, it aggravated him and caused him to shoot at the SWAT team through his own walls. His shots struck and injured two officers. SWAT then moved in on the defendant, wounding him and taking him into custody.

Despite the number of rounds discharged and the frantic nature of this incident, no one was killed. However, the defendant still faced a long prison sentence – partly because of his classification as a Habitual Felony Offender (HFO).

It is worth noting that the maximum sentence for second-degree murder with a firearm is 30 years in prison. In other words, someone who actually took a victim’s life could potentially face a substantially lower sentence than this man, who did not kill anyone at all.

Can You Avoid Charges After Shooting at Police? 

Several defense strategies could prove effective in this situation. First, you could plead insanity if you were going through some kind of mental health episode or crisis during the incident. Alternatively, you could argue self-defense if you were assaulted by plainclothes officers or detectives who never properly identified themselves to you.

Can a Fort Myers Defense Attorney Help Me With Violence Crime Charges? 

If you have been accused of shooting at police officers, a Fort Myers criminal defense attorney may be able to help you mitigate your legal consequences. Various defense strategies could prove viable in this situation, and you should start assessing your options as soon as possible. To begin this process, contact the experienced defense attorneys at The Foley & Wilson Law Firm today.

Sources: 

mysuncoast.com/2025/01/30/man-sentenced-40-years-prison-after-attempted-murder-shootout-with-police/

tvo.org/article/no-one-should-be-surprised-by-umar-zameers-acquittal