Airport & Airplane Crimes in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Interfering With a Flight Crew (49 U.S.C. § 46504; Pattern Instr. O118)

What the Government must prove (Elements):

1. The defendant was on an aircraft in flight in the United States.
2. The defendant knowingly assaulted or intimidated a flight-crew member or flight attendant.
3. The assault or intimidation interfered with, or lessened, the crew member's or attendant's ability to perform his or her duties.

"In flight" runs from the moment all external doors close after boarding until one door opens to let passengers off. The plane does not have to be in the air.

An assault can happen without touching anyone: it is an intentional attempt or threat to hurt someone, with an apparent and immediate ability to carry it out. To intimidate is to intentionally say or do something that would make a person of ordinary sensibilities fear bodily harm, or that makes someone fearful or changes what he or she would otherwise do.

Penalty: up to 20 years. If a dangerous weapon is used, any term of years up to life. Attempts and conspiracies are covered.

Weapons or Explosives When Boarding (49 U.S.C. § 46505(b); Pattern Instr. O119)

What the Government must prove (Elements):

1. The defendant attempted to board an aircraft.
2. The defendant knowingly had on or about his or her person a concealed dangerous weapon that would have been reachable in flight, or attempted to have an explosive device placed aboard.

An item is concealed if it is hidden from ordinary view. Penalty: up to 10 years. The statute also covers placing a loaded firearm in baggage that passengers can't reach in flight.

Aggravated version: if the Government also proves the defendant acted willfully and with reckless disregard for the safety of human life, the maximum rises to 20 years, and to any term up to life if someone dies. Reckless disregard means more than negligence: gross negligence with knowledge that the conduct threatened another's life, or of circumstances that made the danger foreseeable.

Exceptions include authorized law enforcement officers, and a weapon other than a loaded firearm in checked baggage when the airline was told about it.

Guns at the Checkpoint

A gun found in a carry-on bag at screening can bring a federal civil penalty and, depending on the facts, state or federal criminal charges. Florida also bars carrying inside the passenger terminal and sterile area. See Gun & Weapons Charges.

Defense Themes

• Did the conduct actually interfere with the crew's duties, or was it rude but not criminal?
• Assault or intimidation has a specific meaning; words in a heated moment need context.
• Knowledge of a forgotten item in a bag.
• Reckless disregard must be proven separately for the 20-year version.
• Video and witnesses. Passenger phone video and crew reports often differ.

What to Do First

1. Stay calm and follow crew and officer instructions.
2. Don't explain yourself to agents at the gate. Ask for a lawyer.
3. Write down witness names and save any video.
4. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The plane was still at the gate. Can it be "in flight"?

Yes. Under the instruction, the aircraft is in flight once all external doors close after boarding.

I forgot my gun was in my carry-on. Will I be charged with a crime?

Not necessarily, but you may face a civil penalty and possible charges. Knowledge and the facts of the screening matter. Call a lawyer before giving a statement.