Top-Rated Florida Gun Charge Lawyers

Gun charges are among the harder cases to work through in the criminal justice system. A knowledgeable and experienced criminal defense attorney can provide valuable guidance throughout this process. While every case can be different, this is what the typical legal process looks like for gun crimes.

Arrest and Investigation Process

During the arrest and investigation process, individuals facing gun charges may be subject to searches, seizure of evidence, and questioning by law enforcement. A criminal defense attorney at this stage protects the defendant’s rights and advises on what to do and say.

An attorney’s work at this stage covers:

• Understanding the charges: The defense attorney will work closely with the defendant to review the specific charges, potential penalties, and insights into Florida’s gun laws.
• Evidence collection and preservation: A defense case is built on evidence that was collected and preserved properly. A defense attorney can guide on how to approach evidence and witness accounts.
• Preventing self-incrimination: It’s important for defendants to avoid making statements or providing information to law enforcement without a defense attorney’s guidance to prevent self-incrimination.

Trial and Prosecution

If a gun charge case proceeds to trial, the defense attorney builds and presents the case in court. That work includes:

• Pretrial motions: The defense attorney may file pretrial motions requesting dismissal or reduction of charges based on insufficient evidence or other legal grounds.
• Plea negotiations: Prosecutors may offer the defendant a plea deal, where the defendant pleads guilty to lesser charges in exchange for a reduced sentence. A defense attorney’s expertise is particularly valuable in negotiating such deals.
• Jury selection: A fair trial starts with an impartial jury. Criminal defense attorneys assess potential jurors and request that biased individuals be removed from the jury pool.
• Presentation of evidence and witness testimony: The defense attorney must present the case in court, highlighting evidence and witness testimonies to create doubt regarding the defendant’s guilt.

Throughout the entire process, a criminal defense attorney works diligently to protect their client’s rights and interests. A gun charge in Florida moves through the same system whether or not you understand it, and the decisions that shape the case are made in the first few weeks. Get a defense attorney reading your file early.

Penalties and Sentencing

When convicted of a gun crime in Florida, you are likely going to face very serious legal consequences. These consequences can vary depending on the specific charge and whether the crime is considered a felony or a misdemeanor. For instance, unlawful gun possession may result in a third-degree felony, which carries a sentence of up to five years in prison and a maximum fine of $5,000.

Florida also imposes mandatory minimum sentences for certain firearm-related offenses under its 10-20-Life law. Committing a crime with a gun leads to a 10-year minimum sentence while firing a gun during a felony results in a 20-year minimum sentence. If someone is injured (even accidentally) by a gunshot during a felony, the minimum sentence increases to 25 years to life.

Impact on Future Rights and Freedoms

A gun charge conviction can have a lasting effect on an individual’s rights and freedoms. One of the most significant impacts is on gun ownership. Convicted felons are prohibited from possessing firearms under both Florida law (Fla. Stat. § 790.23) and federal law. Federal law goes further: even a misdemeanor conviction for a crime of domestic violence triggers a lifetime firearm ban (18 U.S.C. § 922(g)(9)).

In addition to losing the right to own firearms, those with a gun crime conviction on their record may also face other substantial restrictions. For example, individuals might encounter difficulties securing employment, obtaining housing, or entering certain professional fields. A felony conviction can also cost you voting rights, eligibility for public office or jury service, and access to some government assistance programs.

Both probation and imprisonment are common outcomes of gun crime convictions, emphasizing the importance of understanding the penalties and potential long-term effects. A defense attorney can tell you what the state has to prove on your specific charge and what the record looks like afterward.

Not all gun charges are the same, so the specific strategy used in your defense may be different; however, here are a few of the more common strategies used when fighting gun charges.

• Challenging the legality of the search: If the firearm was discovered during an illegal search and seizure, a defense attorney may move to suppress the evidence.
• Self-defense: In some cases, defendants can argue they were acting in self-defense, which is legally justified under Florida’s “Stand Your Ground” law.
• Unintentional discharge: If a firearm is discharged accidentally, attorneys can provide evidence to support the defendant’s claim that they did not intend to commit a crime.
• Valid permit: If a defendant possesses a valid concealed carry permit or firearm license, the defense can argue that they were in compliance with state laws.

The Role of the Second Amendment

The Second Amendment of the United States Constitution guarantees the right to bear arms for self-defense, and defense attorneys can use this as part of their legal strategy. In gun charge cases, they may argue that the defendant’s actions were lawful and protected by the Second Amendment, especially if the defendant had a valid permit or followed state laws governing firearm possession. The Second Amendment does not provide unconditional protection, however, and individuals may still be subject to state-specific firearm restrictions and regulations.

Legislative statute Chapter 790 Section 01 outlines the unlicensed carrying of concealed weapons or concealed firearms in the state of Florida, as well as the possible criminal charges and consequences that a conviction can carry. In addition to guns, there are various other weapons that the legislature also covers.

These weapons include items such as electric stun guns and devices such as tasers, chemical sprays, dart guns, and more. It is imperative to know that law enforcement may also arrest you for illegal possession of these weapons even though they are not technically firearms and that the penalties upon conviction may be quite severe.

Often, the courts consider these types of weapons to be in the same class as a gun, and the charges and possible punishment will be just as if it were a gun you were carrying.

If law enforcement finds you to be in possession of an unlicensed concealed firearm or weapon, you will likely face felony charges. An unlicensed weapon or firearm means that one of the following circumstances is true:

• You do not have a concealed weapons permit for the gun or weapon, even though the weapon in question is licensed. This means you cannot carry a gun or weapon where other individuals cannot see it, such as in the waistband of a pair of pants. While the gun or weapon itself is not illegal to own or control, it is illegal to carry or transport in such a way.

And / Or:

• You were not eligible to possess a firearm at the time, because of a felony conviction, your age, an injunction, or another disqualifier. Since Florida has no firearm registration system, the question is never whether the gun was registered, it is whether you were allowed to have it and where you were carrying it.

If you do have a license for the weapon and law enforcement finds you carrying or transporting it improperly, you may face misdemeanor charges. However, should police find you to be in control of a firearm or weapon that is not registered at all, you are likely to face felony charges for illegal possession of a firearm.

Even if you have never been charged with a gun crime before, if you are a convicted felon in the state of Florida, the state considers it illegal for you to own or control a gun or weapon. Many individuals are surprised to learn this fact and only find out when law enforcement arrests them and they find themselves facing felony charges.

Florida takes illegal possession of a firearm charges very seriously. If you’re convicted, you may face up to fifteen years in prison, up to fifteen years of probation, and up to $10,000 in fines, even if you have never received a weapons charge before in the past. As a convicted felon in Florida, you may not own, possess, or control a deadly weapon or firearm at any time for any reason.

Violating this law can result in steep consequences that can impact your life well into the future.