If you’re facing weapons charges in Florida, you may feel overwhelmed, unsure of the possible consequences, and uncertain about your rights. Charges involving firearms can bring serious penalties that affect your life for years to come. Understanding these charges and your defense options can be challenging, but you don’t have to face this alone.
Moses and Rooth Attorneys at Law can help you defend yourself with experience, insight, and dedication to protecting your rights. Call or contact us online today to start taking control of your defense.
In this blog, we’ll break down the types of weapons charges in Florida, the penalties you could face, and some defenses that could apply to your case. With this knowledge, you’ll better understand your rights and options for a strong defense.
How This Article Helps You If You Are Facing Weapon Charges in Florida
- Understand Your Charges
- It explains in simple terms what weapons charges mean in Florida.
- It helps you see what penalties you might face.
- Learn Your Options
- It shares common defenses you could use.
- It gives clear steps to start defending yourself.
- Get Support
- Shows how Moses and Rooth Attorneys at Law can help you.
Three Steps to Defend Yourself Against Weapons Charges
If you’re facing weapons charges in Florida, follow these three simple steps:
- Contact a lawyer immediately. Consult a qualified criminal defense lawyer, such as the team at Moses and Rooth. Early legal intervention can prevent errors that might harm your case.
- Gather evidence. Work with your attorney to collect all evidence that could support your defense, such as witness statements or documents.
- Build your defense. Your lawyer will help craft a defense strategy tailored to your specific charges and circumstances.
Taking these steps can put you on the right path toward protecting your rights.
Gun Possession Charges
Gun possession laws in Florida can be complicated. Even if you’re carrying a gun for personal protection, Florida law has strict rules about who can own, possess, or carry a firearm. Here are some common gun possession charges you might encounter:
- Juvenile gun possession,
- Possession by a convicted felon,
- Discharging a firearm in public,
- Using a firearm in a crime,
- Using a firearm under the influence of alcohol or drugs,
- Illegal sale of a firearm,
- Possession of a stolen firearm, or
- Manufacturing firearms.
If you’re facing any of these or other gun possession charges, know that the penalties following a conviction can be severe and life-changing. In addition, a record showing a gun charge can make it difficult to find employment, secure housing, or obtain loans. If you lose your right to own a firearm, you may not be able to protect yourself or your family in the future.
The impact of a gun possession charge can extend beyond legal consequences—it can alter your daily life in ways you might not expect. Therefore, understanding the gravity of these charges is essential, and having the right legal support can help you navigate this challenging situation.
Gun Charges in Florida: What Are the Penalties?
Florida gun charges carry different levels of penalties, depending on the severity of the offense and the type of weapon involved. Here’s an outline of what you might expect if convicted of a gun-related crime.
- Misdemeanors. Minor offenses can lead to misdemeanor charges, carrying up to one year in jail and possible fines.
- Felonies. More serious gun crimes, like possession of a firearm by a felon or using a gun in a violent crime, are felonies. These can result in years of prison time and hefty fines.
The state of Florida has mandatory minimum sentences for some firearm-related crimes. A mandatory minimum is what it sounds like—if you are convicted of certain crimes, a judge must sentence you to at least the minimum. They do not have the discretion to go below a minimum mandatory sentence, even if they feel it would be more appropriate.
As you can see, facing gun charges in Florida is no small matter. However, there are ways to defend yourself against harsh penalties. This is why having a skilled attorney on your side is crucial.
First-Time Gun Charge in Florida
Getting charged with a gun offense for the first time in Florida can be intimidating. You likely aren’t familiar with the laws and might wonder if the courts will go easier on you since it’s your first offense. Unfortunately, the law and the courts do not always consider a first-time gun charge in Florida to be inconsequential. In other words, just because it is your first charge does not necessarily mean the court will take the offense lightly. Even if it’s your first gun-related charge, you could still face serious consequences, for example:
- Carrying a concealed weapon without a permit. This charge is a third-degree felony. If you get convicted, you could face up to five years in prison.
- Juvenile gun possession. If this is your first offense, this charge is a first-degree misdemeanor. It carries with it a mandatory 100 hours of community service and up to three days in a secure detention facility.
- Unlawful possession of a firearm. The State could charge this offense as a misdemeanor or felony, depending on the circumstances. If you are convicted as a felon, you could face a mandatory minimum of three-years in prison, however, it can go up to 15 years if the judge decides a harsher sentence is warranted.
- Domestic violence injunction. If you violate a domestic violence injunction issued against you while carrying a firearm, the crime is a first-degree misdemeanor that carries up to one year in prison and up to $1,000 in fines.
- Discharging a firearm in public. This charge is also a first-degree misdemeanor.
- Using a firearm in the commission of a crime. Such an offense can be a second-degree, first-degree, or “life” felony.
In addition to Florida law, Federal law also regulates firearm possession, and the penalties for violating federal law are generally more severe than state charges.
Each case is unique, so a knowledgeable lawyer can help you understand your specific risks and possible outcomes.
Gun Charge Sentence: What You Could Be Facing
When a person is convicted of a gun charge, the sentencing phase determines what penalties they’ll face. A gun charge sentence can vary widely based on factors like prior offenses, the type of weapon involved, and the circumstances of the case. Here are some of the sentences you might face for gun charges in Florida:
- Fines—convictions can lead to fines that often reach into the thousands of dollars;
- Probation—depending on the specifics of the case, probation may be an option instead of jail time; and
- Jail time—many gun offenses, especially those involving violence, may result in jail time regardless of prior convictions.
Given these penalties, working with experienced attorneys like those at Moses and Rooth can provide guidance and strategic defense to potentially minimize or avoid jail time.
Gun Charge Jail Time: How Much Time Are You Facing?
Many weapons charges can result in jail time, which can vary based on the severity of the offense. For instance, a simple possession charge might result in a lighter sentence, while using a firearm during a crime could lead to a lengthy prison term. Below is an outline of the gun charge jail time associated with different charges:
- Simple possession—some simple possession charges might only carry a few months of jail time, especially if it’s a first offense;
- Violent crimes involving firearms—if a firearm was used in a violent act, jail time could extend to several years, even decades; or
- Repeat offenders—if you have a history of previous convictions, the court may increase your sentence significantly.
Thinking about serving time for your actions is stressful. The reality of facing jail time can impact not only your life but also the lives of your loved ones. The loss of freedom, the emotional toll, and the stigma of a criminal record can be painful and frustrating to face. It’s important to remember that you have rights and options.
A skilled defense attorney can help you explore possible ways to reduce or avoid the harshest of penalties. They can negotiate on your behalf, seek alternative sentencing options, or potentially challenge the charges against you. Understanding your situation and having professional support can make a significant difference.
Firearm Charges: Common Defenses You Should Know
When facing firearm charges, several defense strategies could apply to your case. An attorney can help you to identify the most appropriate defense. Let’s look at some common defenses to Florida gun charges:
- Lack of possession. If the firearm wasn’t in your possession or under your control, your lawyer could argue that you weren’t responsible for it.
- Self-defense. Florida recognizes the right to self-defense. Therefore, if you used a weapon to protect yourself or someone else, you could be exonerated of your charges.
- Constitutional violations. If law enforcement officers violated your rights at the time of arrest by conducting an illegal search or by other means, this could critically weaken the case against you.
Each of these defenses requires specific proof and a detailed understanding of the law, making legal representation crucial. The attorneys at Moses and Rooth Attorneys at Law are skilled in using these defenses to protect our client’s rights.
Call Moses and Rooth Attorneys at Law to Start Building Your Defense
Defending against gun charges in Florida requires careful attention, a solid strategy, and a thorough understanding of the law. Moses and Rooth can provide the guidance, support, and results-driven representation you need to secure your rights and navigate the legal system. With our extensive knowledge of both state and federal laws, we’ll ensure that every detail is meticulously handled to achieve the best possible outcome for you.
Our firm, conveniently located in downtown Orlando, prides itself on providing responsive and compassionate support. We understand the urgency of legal matters and are available 24/7 to address your questions and concerns. Our criminal defense attorneys include former prosecutors who can offer unique insights into the prosecution’s strategies, giving you a significant advantage in your defense. Whether you face fines, probation, or other penalties, we will work tirelessly to protect your rights and your future.
Contact Moses and Rooth Attorneys at Law today or schedule a free initial consultation online.
Resources
Florida Statutes § 741.30, link
Firearms and Domestic Violence: A Quick Reference Guide to Firearm Laws in Florida (June 2023), link
Florida Statutes § 790.15, link
Florida Statutes § 775.087, link
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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