Although your right to possession of a firearm is usually protected in Florida, having a gun on your person can lead to a criminal charge under Florida Law in some cases. But what are some potential issues under Florida gun law, and how do you fight a gun charge in Florida if wrongly accused of a crime while in possession of a firearm?
Criminal Charges for Gun Possession in Florida
Florida gun law is strict about committing crimes using a firearm, with mandatory minimums of 10-20-Life. People convicted of committing a crime while in possession of a firearm must serve at least 10 years in prison; people who commit a crime and fire a weapon must serve at least 20 years; and people who injure or kill someone with a firearm while committing a crime must serve at least 25 years to life.
The law is even more strict if the weapon is an automatic or semiautomatic weapon, becoming 15-20-life. But what crimes constitute a gun crime if you have a firearm on your person?
Illegal possession of a firearm. Many types of guns or ammunition are illegal for a citizen to possess, including explosive or armor-piercing rounds, short-barreled shotguns or rifles, or machine guns.
Possession of a firearm as a convicted felon. Convicted felons give up many of their constitutional rights, including their right to possess a firearm.
Carrying a concealed firearm without a permit. Although Florida recently passed a law that allows permitless carry, if you were charged before the law went into effect, you may still face criminal charges.
Using a firearm to commit a crime. Committing a crime using a weapon, whether you discharge the weapon or not, is a minimum second-degree felony. Committing a violent crime or firing your weapon during a lesser crime can increase the charge to a first-degree felony.
Potential Defenses Against Unlawful Possession of a Firearm
How do you fight a gun charge in Florida? There are a few common ways to fight the charges, including proving that:
You weren’t at the scene of the crime and were misidentified by a witness or law enforcement
The firearm is an antique manufactured before 1918 and does not conform to current weapon standards
You are a felon who has had their rights restored and may legally carry a firearm
You had the right to self-defense under Florida’s “stand your ground” laws
You didn’t have a weapon on your person while committing a crime
The arresting officer committed an illegal search and seizure of your car, home, or business
With the new permitless carry law, you now have the right to carry a weapon without a permit
In each of these instances, there is the potential to demonstrate that the arresting officer or a witness made a mistake and violated your right to due process. Everyone has the right to due process under the Fourteenth Amendment, even people charged with a crime or previously convicted of a crime.
Building a solid defense against a criminal charge that involves possessing or discharging a weapon can be challenging without an experienced criminal defense attorney at your side. Your attorney knows the letter of the law and can review the facts of your case to defend your right to carry.
Contact an Experienced South Florida Attorney to Fight a Gun Charge in Florida
If you need to fight a gun charge in Florida, call our offices at Michael White, P.A. We proudly serve South Florida and the Treasure Coast. Call today at 954-350-0595 or contact us online to schedule a consultation.
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What are the most common criminal defense cases handled?
The most common criminal defense cases handled include drug offenses, assault, theft, DUI charges, and domestic violence. Michael White, P.A. specializes in providing strong representation for these situations, ensuring the protection of clients' rights.
Can a criminal defense lawyer negotiate a plea deal?
A criminal defense lawyer can negotiate a plea deal on behalf of their client. This process typically involves discussing potential agreements with prosecutors to reduce charges or secure a more favorable sentence.
How do I choose a criminal defense attorney near me?
Choosing a criminal defense attorney near you involves evaluating their experience, specifically in criminal law, checking client reviews, and ensuring they are familiar with local courts. Schedule a consultation to assess their approach and compatibility with your needs.
What are the key elements of a successful criminal defense strategy?
The key elements of a successful criminal defense strategy include a thorough understanding of the case details, personalized legal tactics, effective communication with the client, and a strong focus on protecting the client's rights throughout the legal process.
What are the consequences of pleading guilty to a criminal charge?
The consequences of pleading guilty to a criminal charge include potential jail time, fines, a permanent criminal record, and loss of certain rights. It can also impact employment opportunities and personal relationships, so it’s vital to seek legal advice before making a decision.
What are the benefits of hiring a former prosecutor as a defense lawyer?
The benefits of hiring a former prosecutor as a defense lawyer include their in-depth understanding of the legal system, insight into prosecutorial strategies, and experience in negotiating favorable outcomes. This expertise can significantly enhance your defense and protect your rights.
What is the role of a criminal defense investigator in a case?
The role of a criminal defense investigator in a case is to gather evidence, interview witnesses, and build a comprehensive understanding of the circumstances surrounding the case, thereby supporting the defense attorney in presenting a strong case for the client.
What should I expect during a criminal trial?
During a criminal trial, you can expect the process to include jury selection, opening statements, presentation of evidence, witness testimonies, closing arguments, and finally, the jury's deliberation and verdict. It’s essential to be prepared for emotional and procedural challenges throughout.
How does trial strategy impact defense outcomes?
The impact of trial strategy on defense outcomes is significant. A well-crafted strategy can effectively highlight weaknesses in the prosecution's case, leverage strong defenses, and enhance the overall credibility of the defense, ultimately increasing the chances of a favorable verdict.
What evidence is crucial in criminal defense?
Crucial evidence in criminal defense includes eyewitness testimonies, alibi information, physical evidence, and expert witness reports. These elements can significantly impact the case by establishing reasonable doubt or supporting the defendant's claims.
How can I prepare for a defense consultation?
Preparing for a defense consultation involves gathering relevant documents, noting important details about your case, and preparing a list of questions for your attorney. This ensures a focused discussion and helps your attorney provide the best legal advice.
What are the signs of a good defense attorney?
The signs of a good defense attorney include strong communication skills, a solid reputation, proven trial experience, personalized legal strategies, and a commitment to protecting clients' rights. These qualities ensure effective representation in criminal cases.
When is self-defense applicable in criminal cases?
Self-defense is applicable in criminal cases when an individual reasonably believes they are facing imminent harm and uses proportional force to protect themselves from that threat.
What penalties can result from a felony conviction?
The penalties resulting from a felony conviction can include lengthy prison sentences, substantial fines, and a permanent criminal record, which may affect employment and housing opportunities, as well as the loss of certain civil rights.
How can plea bargaining benefit my case?
The benefits of plea bargaining for your case include potentially reduced charges, lighter sentences, and the opportunity to avoid the uncertainty of a trial. This strategic approach can lead to a more favorable resolution while saving time and resources.
What role do witnesses play in criminal defense?
Witnesses play a crucial role in criminal defense by providing testimonies that can support the defendant’s case, challenge the prosecution's evidence, or establish reasonable doubt. Their accounts can significantly influence the outcome of a trial.
What defenses are available for drug charges?
Defenses available for drug charges include demonstrating lack of possession, questioning the legality of the search, proving entrapment, and asserting medical necessity. Each defense can vary based on the specifics of the case and circumstances involved.
How does the appeal process work in criminal cases?
The appeal process in criminal cases involves reviewing a lower court's decision for legal errors. It typically begins with the filing of a notice of appeal, followed by the submission of briefs, and may conclude with oral arguments before an appellate court before a final decision is made.
What mistakes should I avoid in my defense?
The mistakes to avoid in your defense are crucial missteps such as speaking to law enforcement without legal counsel, failing to disclose important details to your attorney, and neglecting to follow legal advice. These errors can severely impact your case outcome.
What questions to ask potential defense attorneys?
When considering potential defense attorneys, important questions to ask include their experience with similar cases, their approach to legal strategy, how they communicate with clients, and their fee structure.
How does character evidence affect criminal cases?
Character evidence affects criminal cases by influencing the perception of a defendant’s credibility and moral character. It can be used to support claims of good character or to challenge the reliability of a witness, impacting the outcome of the case.
What options exist if I cant afford a lawyer?
Options for those who can't afford a lawyer include seeking legal aid services, applying for public defender representation, or utilizing pro bono services from nonprofit organizations and law firms.
How important is jury selection in my trial?
Jury selection is crucial in your trial as it can significantly influence the outcome. A well-selected jury can enhance the chances of a favorable verdict, highlighting the importance of this process in your legal defense strategy.
What documents should I collect for my defense?
To prepare for your defense, collect documents such as arrest records, police reports, witness statements, photographs, and any correspondence related to your case. These materials will provide crucial support for your legal representation.
In what scenarios can I seek expungement?
Expungement can be sought in scenarios such as completing a sentence for a misdemeanor or certain felonies, cases dismissed or not prosecuted, and when the individual has no pending criminal charges. Eligibility varies by jurisdiction, so consultation with an attorney is advised.
What should I know about government plea deals?
Government plea deals are agreements where a defendant pleads guilty to lesser charges in exchange for reduced penalties or to avoid trial. Understanding the implications and potential consequences is crucial for making informed decisions.
How can I challenge police evidence in court?
Challenging police evidence in court involves questioning its legality, chain of custody, or reliability. A skilled attorney can identify inconsistencies or procedural violations that may render the evidence inadmissible, ultimately protecting your rights during the trial.
What is the impact of prior convictions on sentencing?
The impact of prior convictions on sentencing is significant. Judges often consider past offenses, which can lead to harsher penalties, longer sentences, or mandatory minimums, reflecting a defendant's criminal history and perceived risk of reoffending.
How do mental health issues affect defense strategies?
Mental health issues can significantly influence defense strategies by providing grounds for diminished responsibility or competency challenges. These factors may lead to alternative sentencing options or treatment instead of punishment, ultimately shaping the legal approach taken in a case.
What is the difference between charges and allegations?
The difference between charges and allegations lies in their legal implications. Charges are formal accusations filed by law enforcement or prosecutors, while allegations are claims or assertions about wrongdoing that may not yet have led to formal charges.
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