Pensacola Gun Charge Lawyer

Florida Gun Laws: Charges & Penalties

Florida’s gun laws are strict and can lead to severe penalties if violated. Understanding the charges you’re facing and their potential consequences is the first step in defending yourself.

Unlicensed Concealment of a Firearm

Under Florida law, it is illegal to carry a concealed firearm without a license in Florida. It is considered a third-degree felony. If convicted, you could face up to five years in prison, five years of probation, and fines up to $5,000.

Improper Exhibition of a Dangerous Weapon

Displaying a weapon in a careless, rude, threatening, or dangerous manner is a first-degree misdemeanor. It is punishable by up to one year in jail, a year of probation, and a fine of up to $1,000.

Possession of a Firearm at a School Sponsored Event

It is illegal to display or use a firearm at or within 1,000 feet of a school-sponsored event. This third-degree felony carries penalties of up to five years in prison, up to five years of probation, and fines of up to $5,000.

Possessing a Firearm as a Convicted Felon

This is one of the most severe gun-related charges in Florida. Under Florida law, convicted felons are not permitted to have or care for guns, ammunition, or even electronic weapons. If you have been previously convicted, you could face up to 15 years in prison, another 15 years of probation, and fines up to $10,000.

Illegal Sale of Firearms to a Minor

Florida law prohibits the sale, delivery, or transfer of a firearm to children under the age of 18. However, sales or transfers are permitted to children for the express purpose of hunting or gun safety training with adult supervision. This is considered a first-degree misdemeanor in the Sunshine State, meaning you face one year in prison, a year of probation, and a fine of up to $1,000.

Collateral Consequences of Gun Charge Convictions

A conviction for a gun-related charge in Florida can have far-reaching consequences beyond fines and prison time. These collateral consequences can affect various aspects of your life long after you’ve served your sentence.

• Loss of Gun Ownership Rights
• Employment Challenges
• Impact on Professional Licenses
• Restrictions on Housing
• Social Stigma
• Voting Rights

Given these potential consequences, it’s crucial to have a knowledgeable attorney who can help you navigate the legal system and minimize the impact of a conviction on your life.

Gun Charge Enhancements in Florida

Florida’s 10/20/Life law imposes mandatory minimum sentences for crimes involving firearms. These enhancements can elevate crimes to higher degree felonies, which means the potential penalties can be steeper.

• 10 years if you owned a firearm during the commission of a crime.
• 20 years if the firearm was discharged.
• 25 years to life if someone was injured or killed as a result of the firearm being used during a crime.

These enhancements make it critical to have an experienced attorney who can challenge the evidence and the applicability of these enhanced penalties to your case.

Defending Against Gun Charges in Florida

Defending against gun charges requires a strategic approach tailored to the specifics of your case. At Mitkevicius Law, we explore all possible defenses, including:

You Were Victim of an Illegal Search and Seizure

You and your property are protected under the Fourth Amendment. If an illegal search by law enforcement violated your rights, we could argue that any evidence obtained should be suppressed.

You Lacked Knowledge of Possession

We may challenge whether you knew of the firearm’s presence or whether it was yours. There could be a strong argument that you were not aware of the gun when law enforcement stopped you. For instance, if a roommate kept a gun in a shared living space without telling you, your ignorance of the gun’s presence would be a valid defense.

You Were Acting in Self-Defense

Floridians have the right to a “justifiable use of force.” This is more commonly known as the right to “stand your ground” if you are being threatened. If you used a gun for your own defense or to defend a family member, we can argue that your actions were protected under Florida law.

You Were a Victim of Entrapment

There can be circumstances when you are pushed into committing a gun-related crime. If you were tricked into breaking the law by law enforcement, we can argue that you were entrapped.

Your Gun Ownership Rights Were Restored

Gun rights can be restricted for convicted criminals. However, it is possible to restore your gun rights should you meet certain requirements. If you are facing gun charges after your rights have been legally restored, we can argue that your rights are being attacked.