Facing a firearm charge in Florida is serious, and the penalties can be severe. Firearm charges cover a variety of offenses, like owning a firearm without a license, carrying a concealed weapon, or using a gun during a crime. If you’re dealing with these charges, it’s important to know what to expect, the possible penalties, and your options for defense.
Common Types of Firearm Charges
Here are some of the most common firearm charges people face in Florida:
Unlawful Possession of a Firearm
Florida law (Section 790.23) makes it illegal for anyone with a past felony or certain restrictions (like a restraining order or pending domestic violence charges) to own or carry a firearm.
Carrying a Concealed Weapon Without a License
If you carry a concealed gun without a permit, it’s against Florida law (Section 790.01). This can be a felony. Florida is not an open-carry state, so carrying without a license is taken very seriously.
Improper Display of a Firearm
Showing a gun in a careless or threatening way, known as “brandishing,” is a misdemeanor under Florida law (Section 790.10).
Discharging a Firearm in Public
Shooting a gun in a public place or on residential property can lead to charges, especially if it risks the safety of others.
Felon in Possession of a Firearm
If you have a past felony, having a firearm at any time is illegal and can lead to serious prison time.
Use of a Firearm During Another Crime
If a firearm is used during another crime, Florida’s “10-20-Life” rule applies. This means 10 years in prison for having a gun, 20 years if you fire it, and 25 years to life in prison if it injures someone.
Misdemeanor vs. Felony Firearm Charges
Misdemeanor Charges: These are usually for lesser offenses, like improper display of a firearm, and could mean a fine and up to a year in jail.
Felony Charges: These are more serious, like carrying a firearm without a license or possession by a felon, and can lead to years in prison and heavy fines.
Penalties for Firearm Convictions
Depending on the severity of the charge, here are the general penalties:
Misdemeanors: Up to 1 year in jail and fines up to $1,000.
Third-Degree Felonies: Up to 5 years in prison and fines up to $5,000.
Second-Degree Felonies: Up to 15 years in prison and fines up to $10,000.
First-Degree Felonies: Up to 30 years in prison and heavy fines.
Defenses Against Firearm Charges
Every case is different, but some common defenses can help you fight firearm charges:
Lack of Knowledge: If you didn’t know the firearm was there, this could be a defense. For example, if you can show that the gun was put in your car or bag without your knowledge, you may be able to defend yourself against possession charges. This defense is often used when a gun is found in a vehicle.
Self-Defense: Florida’s “Stand Your Ground” law can help if you used a gun to protect yourself, whether at home or in public, and can show you had a reasonable fear of imminent harm.
Unlawful Search and Seizure: If police found the firearm by violating your rights, such as searching without a warrant (in violation of the Fourth Amendment), the evidence might be excluded. A legal doctrine known as “fruit from the poisonous tree” means that any evidence discovered as a result of an unlawful search isn’t legally admissible in court.
Proper Licensing: If you have a license to carry and are charged for concealed carry, your attorney may be able to defend you based on your legal status.
What to Do if You’re Charged
Stay Calm: Cooperate with law enforcement, and do not resist.
Remain Silent: But cooperation doesn’t mean you’re required to answer questions beyond providing basic information like your name and address. Wait to speak with an attorney, even if the police tell you you’re not under arrest.
Get Legal Help: Contact a criminal defense lawyer to help understand the charges and build a defense.
What to Expect in a Firearm Case
Arraignment: This is your first court appearance, where charges are read. You can enter a plea at this time. If you don’t yet have an attorney, you’ll probably be prompted to plead not guilty (you can change this later).
Pre-Trial Hearings: Your lawyer may argue to drop or reduce charges.
Trial or Negotiation: Many cases are resolved before trial, but if not, your lawyer will present your defense in court.
Get Help from an Experienced Florida Defense Lawyer
If you’re facing firearm charges, don’t wait to get the legal help you need. A criminal defense lawyer can help protect your rights, explain what to expect, and guide you through your options. Contact our office today for a consultation and learn how we can help you fight for your future.
