Throwing a deadly missile in Florida is a second-degree felony under Florida Statute 790.19, punishable by up to 15 years in state prison and a fine of up to $10,000.1Florida Senate. Florida Code 790 – Weapons and Firearms – 790.19 The charge applies when someone wantonly or maliciously throws, hurls, projects, or shoots a hard object capable of causing death or great bodily harm at a building, an occupied vehicle, a vessel in Florida waters, or an aircraft in Florida airspace. Nobody has to be hit, and nobody has to be hurt.
What the Statute Covers
Section 790.19 reaches both shooting (including firearms) and throwing by hand. Protected targets are buildings (occupied or unoccupied), buses, trains, vehicles used or occupied by a person, boats or ships in Florida waters, and aircraft in Florida airspace.1Florida Senate. Florida Code 790 – Weapons and Firearms – 790.19
The occupancy rule differs by target. Buildings qualify whether or not anyone is inside. Vehicles must be “used or occupied by any person.” A rock thrown at an empty parked car that nobody is using likely falls outside this statute, though it can still be charged as criminal mischief.
The thrown object matters too. The statute requires “a stone or other hard substance which would produce death or great bodily harm.” A crumpled paper cup won’t get there. A brick, a large rock, a bottle, or a bullet will. Courts assess the specific object in context, including its size, weight, and the force behind it.
What Prosecutors Have to Prove
Three elements have to be established beyond a reasonable doubt:
- The defendant acted wantonly or maliciously. “Maliciously” means with ill will or intent to harm. “Wantonly” means with reckless disregard for whether someone could be killed or seriously hurt. Either one satisfies the statute; the prosecution doesn’t need both.1Florida Senate. Florida Code 790 – Weapons and Firearms – 790.19
- The object was a hard substance capable of producing death or great bodily harm under the circumstances.
- It was directed at a protected target — a building, an occupied vehicle, a vessel in Florida waters, or an aircraft in Florida airspace.1Florida Senate. Florida Code 790 – Weapons and Firearms – 790.19
Notice what isn’t on the list. The state doesn’t have to prove the object hit anything, and it doesn’t have to prove an injury. Missing a moving car by two feet can still support a conviction. The offense is in the throwing, not the landing.
Penalties
A second-degree felony conviction under Section 790.19 exposes a defendant to three things:
- Up to 15 years in state prison.2Florida Senate. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences
- A fine of up to $10,000, or double the financial gain or victim’s loss if that figure is higher.3Justia Law. Florida Code 775 – 775.083 – Fines
- A term of supervised probation, which judges frequently impose alongside or instead of the full prison term.
Where the sentence lands within that range depends on Florida’s Criminal Punishment Code, which scores offense severity, injuries caused, prior record, and other aggravating factors. A first-time offender who threw a rock and hurt no one scores far lower than someone with prior felonies who injured a passenger.
Habitual Felony Offender Enhancement
A defendant who qualifies as a habitual felony offender, generally meaning two or more prior felony convictions, can be sentenced to up to 30 years in prison on this charge instead of the 15-year maximum.4The Florida Legislature. Florida Statutes 775.084 – Violent Career Criminals; Habitual Felony Offenders and Habitual Violent Felony Offenders
Mandatory Restitution
Florida courts must order restitution to victims for damage or loss caused by the offense, unless the judge finds “clear and compelling reasons” not to.5The Florida Legislature. Florida Statutes 775.089 – Restitution When a victim is bodily injured, restitution covers medical bills, therapy and rehabilitation, and lost income. For property damage alone, it covers repair or replacement. Restitution comes on top of any fine and typically becomes a condition of probation.
Reduced Charges and Plea Deals
Not every arrest under Section 790.19 ends in a second-degree felony conviction. When the evidence is mixed or the defendant has no record, prosecutors sometimes agree to a plea to criminal mischief under Florida Statute 806.13, whose classification tracks the dollar amount of damage.6The Florida Legislature. Florida Statutes 806.13 – Criminal Mischief; Penalties A plea deal can be the difference between state prison and probation, but the defendant still leaves with a criminal record.
Defenses That Attack the Charge
The strongest defenses tend to challenge the statutory elements rather than deny that anything happened.
No Wanton or Malicious Conduct
Because the statute requires wanton or malicious conduct, a genuine accident defeats the charge. A ball that veered into traffic, or a heavy object dropped from a balcony without any awareness of people below, doesn’t satisfy the mental-state element. The defense builds this from circumstances: what the person was doing, whether there was any motive to harm, whether they tried to help afterward.
The Object Wasn’t Capable of Causing Serious Harm
Not every thrown thing qualifies. Only hard substances capable of producing death or great bodily harm are covered. A small pebble flicked at a windshield probably doesn’t meet the threshold. This defense requires identifying the specific object and assessing its potential for harm given the size, force, and distance involved.
Self-Defense
Florida’s Stand Your Ground law allows a person to use force, without retreating, when they reasonably believe it is necessary to defend against an imminent threat of unlawful force. Throwing an object at a vehicle whose driver is trying to run someone down can be legally justified. The force must be proportional to the threat, and the person invoking self-defense cannot have started the confrontation.
Mistaken Identity
These incidents are often chaotic, fast, at night, or in crowds. Witnesses misidentify people, and surveillance footage is frequently grainy. When no physical evidence such as fingerprints, DNA, or clear video ties the defendant to the act, a wobbly identification may not carry the case.
Insufficient Evidence
Sometimes the object is never recovered, witnesses disagree, or the physical damage doesn’t match the state’s theory. Defense counsel can also move to suppress evidence obtained through an illegal stop or search. If what survives suppression doesn’t add up to proof beyond a reasonable doubt, the case fails.
Consequences That Outlast the Sentence
A felony conviction under this statute carries fallout that continues after prison or probation ends.
Voting Rights
A felony conviction suspends the right to vote in Florida. Under Amendment 4, enacted in 2018, voting rights are automatically restored once every part of the sentence is complete, including prison, probation, and full payment of all restitution and fines ordered by the court.7The Florida Legislature. Florida Statutes 98.0751 – Restoration of Voting Rights Until every dollar is paid and every condition satisfied, the disqualification stays in place.
Firearm Rights
Federal and Florida law both prohibit convicted felons from possessing firearms. The ban takes effect on conviction and remains until civil rights are formally restored through the clemency process, which is separate from and harder to obtain than voting-rights restoration.
Immigration Consequences
For noncitizens, a conviction under Section 790.19 creates real immigration risk. The offense involves malicious or wanton conduct, which is exactly the kind of guilty knowledge that immigration authorities consider when evaluating whether a crime involves moral turpitude.8USCIS. USCIS Policy Manual Volume 12, Part F, Chapter 5 – Conditional Bars for Acts in Statutory Period A moral-turpitude finding can block naturalization, trigger removal proceedings, or prevent reentry. Anyone facing both criminal charges and immigration exposure needs counsel familiar with both systems.
Professional Licensing
A violent felony conviction can prevent someone from getting or keeping a professional license in fields like nursing, teaching, and law enforcement. Boards weigh the nature of the offense, how long ago it occurred, and any evidence of rehabilitation. Violent offenses are among the hardest to move past, and some boards impose multi-year waiting periods before considering an application.
When Federal Charges Also Apply
Most 790.19 cases are prosecuted at the state level, but some situations bring federal charges into play, sometimes alongside the state case.
Damaging a motor vehicle used in interstate commerce, such as a commercial truck on a highway, can trigger 18 U.S.C. § 33, carrying up to 20 years in federal prison.9Office of the Law Revision Counsel. 18 U.S. Code 33 – Destruction of Motor Vehicles or Motor Vehicle Facilities Targeting an aircraft triggers 18 U.S.C. § 32, which also carries up to 20 years.10Office of the Law Revision Counsel. 18 U.S. Code 32 – Destruction of Aircraft or Aircraft Facilities If the target is a federal officer acting in an official capacity, 18 U.S.C. § 111 applies, with penalties up to 20 years when a dangerous weapon is used, and a thrown projectile qualifies.11Office of the Law Revision Counsel. 18 U.S. Code 111 – Assaulting, Resisting, or Impeding Certain Officers or Employees Federal and state charges can proceed together, because they arise under separate sovereigns.
When a Minor Is Charged
Juveniles charged under this statute may be handled in the juvenile system, in adult court, or through a hybrid approach depending on age and circumstances. In the juvenile system the focus is rehabilitation. Courts can place a minor on probation with the Department of Juvenile Justice through age 19, or commit them to a treatment program through age 21, with commitment length tied to the treatment plan rather than punishment and not subject to extension as a sanction.12Florida Senate. Florida 2026 SB 918 – Juvenile Justice A juvenile transferred to adult court may still receive juvenile sanctions in place of adult sentencing, but that depends heavily on offense severity, injuries, and prior history. The window to fight adult transfer is narrow, so parents should get counsel involved immediately.
Civil Lawsuits Can Follow the Criminal Case
A criminal case does not stop the victim from suing. Anyone injured or whose property was damaged can bring a civil claim for medical expenses, lost wages, pain and suffering, and emotional distress. Because throwing an object at someone is intentional conduct, punitive damages may also be available. Restitution paid through the criminal case is credited against any civil judgment for the same incident, so victims can’t collect twice. The civil case operates independently of the criminal outcome, and its lower burden of proof means an acquittal in criminal court does not prevent a loss in civil court over the same conduct.