An Overview of Gun Charges in Florida – Miami Criminal Defense Lawyer News
Miami Criminal Defense Lawyer News: The Second Amendment to the Constitution of the United States guarantees the right to bear arms. Nonetheless, states such as Florida, have introduced legislation to regulate the private possession of firearms.
Violating these laws will result in your arrest by the police and processing through the judicial system. Penalties include forfeiture of the weapon, limitations on future firearms ownership, and even a possible prison sentence. If charged, you’ll want to hire a criminal lawyer in Miami, to avoid a conviction and possible jail time. Here is a brief overview of gun charges in Florida.
- Possession of a firearm by a convicted felon
It’s illegal for convicted felons to possess firearms in the State of Florida. Possession covers two types of firearms arrests. Being caught with the gun on your person is termed actual possession. Construction possession is the term used for firearms found in your home or vehicle.
Both of these arrests are very serious. This crime is a third-degree felony and warrants a Miami criminal lawyer to represent you in court. As a convicted felon, if found guilty of either allegation of illegal possession of firearms, there is a mandatory sentence of three years in prison. In some cases, if convicted, you may face up to 15 years in prison and up to $10,000 in fines.
- Possessing or discharging a weapon at a school-sponsored event
This third-degree felony carries a sentence of up to 5 years in prison, up to 5 years of probation, and a fine of up to $5,000. In the wake of Florida school shootings in Parkland, this law is enforced with severe punishments and will likely result with the prosecutor insisting on the maximum penalty.
- Carrying a concealed firearm, without a license
This charge is a third-degree felony in the State of Florida. If indicted or charged, seek representation from a criminal defense lawyer in Miami. If convicted of the crime, you could be sentenced of up to 5 years in prison, up to 5 years of probation, and fines of up to $5,000.
A Concealed Firearm permit, issued by Florida, can be issued to private persons. This permit legally allows hunters, and other outdoor gun sports enthusiasts to transport firearms.
- Improper exhibition of a dangerous weapon or firearm
The display or handling of guns in public with a careless, reckless, and threatening manner is a crime in Florida. This law protects citizens from irresponsible or dangerous people and carries a first-degree misdemeanor charge. If convicted, the defendant may face up to one year in jail, up to one year of probation, and fines of up to $1,000.
- Allowing a minor under the age of 16 to access a loaded firearm
This second-degree misdemeanor carries a fine of up to $500 and a sentence of to 60 days in jail. To avoid prosecution and conviction of this crime, you’ll want to plead your case in court. The defendant must prove they used reasonable security measures to prevent children from accessing firearms in the home. Proof of gun-safes and character witness testimonials from friends and family are important to prove your innocence.
If charged with any of these firearms crimes, consult with our Miami criminal lawyer. All of these charges are serious crimes carrying hefty fines and lengthy jail terms. A competent and professional attorney, knowledgeable about Florida gun laws, is essential for your acquittal. Your lawyer will walk you through the legal process, including; applying for bail, filing all the necessary paperwork, and representation in court. An attorney will look into the circumstances of your arrest and build the best defense possible.
Stroleny Law, P.A handles a variety of criminal law cases, so call now if you have any questions.
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