Weapons Enhancement Charge Defense Lawyer in Pensacola, FL

Understanding Florida’s Weapon Enhancement Charges

In Florida, weapon enhancements are additional charges or penalties imposed when a weapon, such as a firearm, is used during the commission of another crime.

These enhancements can apply whether or not the weapon was discharged or used directly in the crime.

The presence of a weapon alone can trigger enhanced penalties, leading to longer sentences and more severe consequences.

Florida’s 10-20-Life Law Explained

Under Florida Statute § 775.087, often called the 10-20-Life law, weapon enhancements result in mandatory minimum sentences depending on how the weapon was used.

Florida’s 10-20-Life law mandates specific minimum penalties if a firearm is involved in a crime:

• 10 years for merely possessing a firearm during the commission of certain felonies.
• 20 years if the firearm is discharged, even if no one is harmed.
• 25 years to life if the discharge causes serious bodily injury or death.

These mandatory minimum sentences apply regardless of the underlying crime, meaning a crime that might have carried a shorter sentence will now be significantly lengthened due to the presence or use of a weapon.

Crimes Commonly Associated with Weapon Enhancements

Weapon enhancements can be applied to a wide range of crimes, including:

• Robbery: Using or possessing a weapon during a robbery can elevate the charge to armed robbery, increasing the penalties.
• Assault: If a firearm or other weapon is used during an assault, it can lead to aggravated assault charges, which carry enhanced penalties.
• Burglary: Breaking into a building with a weapon in your possession can lead to weapon enhancement charges, even if the weapon wasn’t used.
• Drug Offenses: Being found in possession of a firearm while committing a drug-related crime can add significant penalties to your case.

Even if you weren’t directly holding or using the weapon, you could face constructive possession charges, meaning the weapon was within your reach or control, which can still lead to enhancements.

Legal Penalties for Weapon Enhancements in Florida

The consequences of being convicted of a crime with weapon enhancements are severe and often include mandatory minimum sentences.

In many cases, these penalties cannot be negotiated or reduced, making it essential to fight the enhancement charges as soon as possible. Here’s a breakdown of potential penalties:

• Increased Prison Time: Weapon enhancements can add years to your sentence. For example, a burglary charge might typically result in a few years in prison, but adding a weapon enhancement can turn that into decades.
• Long-Term Consequences: A felony conviction with weapon enhancements can result in losing your right to vote, own firearms, or qualify for certain jobs.
• Federal Charges: In some cases, weapon enhancements can trigger federal charges, which often carry even harsher penalties.

Defenses Against Weapon Enhancement Charges

If you are facing weapon enhancement charges, working with an experienced Pensacola defense attorney like Josef Mitkevicius is critical to building a strong defense.

There are several strategies that your lawyer may use to fight weapon enhancement charges:

Unlawful Search and Seizure

One of the most common defenses is to challenge how the weapon was found. Under the Fourth Amendment, you are protected from illegal searches and seizures. If law enforcement found the weapon without following proper legal procedures, your lawyer could move to have the evidence excluded from the case, which could weaken or dismiss the enhancement charges.

Lack of Knowledge or Constructive Possession

Sometimes, defendants are charged with weapon enhancements even if they weren’t aware of the weapon’s presence.

If the firearm or weapon wasn’t under your immediate control or you didn’t know it was there, your lawyer may be able to argue that you were not in possession of the weapon, leading to a reduction or dismissal of the enhancement.

Challenging the Underlying Crime

Weapon enhancements cannot exist without an underlying crime. If your lawyer can get the base charges dismissed or reduced, the weapon enhancement may also fall apart.

For example, if you’re charged with armed robbery, but your lawyer can prove you weren’t involved in the robbery, the weapon enhancement would not apply.

How Attorney Josef Mitkevicius Can Help You Fight Weapon Enhancement Charges

Attorney Josef Mitkevicius has extensive experience defending clients against serious criminal charges, including weapon enhancement charges, in Florida.

He understands how these charges are prosecuted in Florida courts and can develop a defense strategy tailored to your case.

Here’s how we can help you:

We Provide Comprehensive Case Evaluations

Attorney Mitkevicius will carefully evaluate your case, looking for any weaknesses in the prosecution’s evidence, including unlawful searches, procedural errors, or issues with witness credibility.

Identifying these weaknesses early can lead to a more favorable outcome, such as a reduced charge or case dismissal.

We Will Negotiate to Reduce Your Charges

In some cases, Attorney Mitkevicius can negotiate with the prosecutor to reduce or dismiss the weapon enhancement charges in exchange for a plea deal.

This can be an effective strategy to avoid the harshest penalties while still addressing the underlying charge.

We Have Local Experience That Matters

Hiring a local defense attorney like Josef Mitkevicius is essential when facing weapon enhancement charges in Florida.

His deep knowledge of Florida’s criminal justice system, experience working with local courts in Pensacola, and understanding of how prosecutors handle these cases give you an advantage in the courtroom.

Contact Josef Mitkevicius for a Free Consultation Today

If you’re facing weapon enhancement charges in Florida, it’s critical to have a defense attorney who understands the gravity of the situation and how to fight these charges effectively.

Josef Mitkevicius is committed to helping his clients avoid the harshest penalties and will work tirelessly to build a strong defense on your behalf.

Contact Mitkevicius Law today for a free consultation and take the first step toward defending your rights and protecting your future.

Get started now — call 850-361-2142 or fill out our contact form.