An Experienced Firearms and Weapons Charge Defense Attorney Can Protect Your Rights

Weapon offenses in Florida arise when individuals improperly possess, purchase, or use firearms or weapons. As outlined in Chapter 790 of the Florida Statutes, the most common firearm and weapon charges include:

• Unlicensed carrying of concealed firearms or concealed weapons
• Improper use of dangerous firearms or weapons
• Possession or discharge of a weapon or firearm at a school-sponsored event
• Possession of a weapon or firearm by a convicted felon
• Allowing a minor access to a loaded firearm

Florida Legislature has enacted statutes that empower the courts to impose enhanced sentences for crimes involving firearms or deadly weapons. The presence of a weapon during a crime can elevate the charge to the next degree, leading to more severe penalties. For example, if facing a second-degree felony charge, the offense could be enhanced to a first-degree felony, thereby doubling the potential prison sentence. An illustrative case is State v. Lopez, where a firearm was found during a traffic stop, leading to charges of possession of a firearm by a convicted felon and carrying a concealed firearm. Although the trial court initially dismissed the charges, the 2nd District Court of Appeals in Florida later reversed the decision, emphasizing that the concealed firearm charge sufficiently alleged that the firearm was both on or about the defendant's person and concealed at the time of the traffic stop.

Florida law imposes stringent minimum mandatory prison terms for weapon-related charges. According to Florida Statute 775.087 (Florida’s 10/20/Life Law), individuals charged with firearm or weapon crimes may face:

• Up to 10 years in prison for mere possession of a firearm or deadly weapon during a crime
• Up to 20 years in prison for discharging a firearm during a crime
• Life imprisonment for causing injury or death to an individual during a crime

Florida Statute 776.013 (Stand Your Ground) permits individuals who believe they are at risk of death or serious harm to defend themselves by meeting "force with force." While this statute represents a form of self-defense, there may be ambiguity when it comes to proving that one acted in self-defense, especially when firearms or deadly weapons are involved. Thus, it is crucial to consult with an attorney well-versed in Florida's self-defense laws, someone who can construct a compelling case in your favor. Every individual has the right to self-defense, and our Stand Your Ground defense lawyer can safeguard that right.

Convicted felons in Florida are prohibited from owning or possessing firearms. However, under Florida Statute 790.001(1), the Florida Clemency Board possesses the authority to restore civil rights for antique firearms. Unfortunately, this statute cannot reinstate the right to own, possess, or use a firearm. Convicted felons who are properly licensed may be permitted to hunt with bows, crossbows, and air guns (e.g., BB guns). Florida law does not classify air guns as firearms because they lack an explosive charge to propel a projectile. Nonetheless, individuals on probation should consult with their probation officer before engaging in any recreational weapon use.

Navigating firearm laws can be highly challenging, as each state has its own distinct regulations alongside federal gun laws. Enlisting the services of a Florida firearm defense attorney can be indispensable if you face charges related to firearms or weapons. Whether you or a loved one is confronted with a weapon-related offense, The Law Offices of Daniel Rosenberg P.A. stands ready to assist. Located in Broward County, we are prepared to protect your rights. Contact us at 954-829-1277 for a comprehensive case review today.