Florida criminal charge
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties in Florida
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties is a Misdemeanor of the Second Degree under Florida criminal law, defined by Fla. Stat. § 790.151. As a Misdemeanor of the Second Degree, it is punishable within the statutory sentencing range Florida sets for that offense class. Florida sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by Fla. Stat. § 790.151.
What is the penalty for using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
Common questions about using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties in Florida
Is using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties a felony or a misdemeanor in Florida?
What are the penalties for using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties in Florida?
As a Misdemeanor of the Second Degree, using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties carries up to 60 days (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $500 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).
Which Florida statute covers using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties?
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties is governed by Fla. Stat. § 790.151 (Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.