Category: Criminal Offenses · Statute: F.S. 790.19 · Source: Florida Legislature
Understanding Shooting into an Occupied Building in Florida
In Florida, shooting into an occupied building is a severe offense governed by Section 790.19 of the Florida Statutes. This charge arises when an individual wantonly or maliciously discharges a firearm, or throws a deadly missile, at, within, or into any public or private building while it is occupied by one or more people. To secure a conviction, the state must prove the act was done "wantonly"—with a conscious and intentional disregard for the consequences—or "maliciously," meaning with wrongful intent to cause harm without legal justification. It does not require proof that the defendant targeted a specific person, only that they intentionally fired into a structure they knew or should have known was occupied.
While shooting into an unoccupied building is classified as a second-degree felony, the presence of people inside elevates the gravity of the offense. Under Florida law, discharging a firearm into an occupied dwelling is prosecuted as a first-degree felony, carrying a maximum penalty of up to 30 years in prison. Furthermore, because the offense involves the actual discharge of a firearm, it triggers Florida’s strict 10-20-Life statute (Section 775.087). This law mandates harsh minimum-mandatory prison sentences depending on whether the firearm was discharged or if the shooting resulted in great bodily harm or death, making it one of the most heavily penalized non-homicide offenses in the state.
Bail and Pretrial Release for Occupied Shooting Charges
Due to the violent nature of discharging a firearm into a dwelling, individuals arrested under Section 790.19 face a highly restrictive pretrial process. Under Florida’s pretrial detention statutes, this offense is classified as a dangerous crime, meaning judges often deny standard bond schedules at the initial first appearance. Instead, the defendant must remain in custody until a formal Nebbia hearing or a pretrial detention hearing is held, where the court assesses the threat to public safety and may require proof that the collateral used for the bail bond originates from legitimate, non-criminal financial sources.