I have been charged with a weapon or firearms violation. What does this mean?
A weapon or firearms violation can occur if you are caught committing or attempting to commit a crime and you have a weapon or firearm in your possession, or if you are caught carrying a concealed weapon or firearm on or near your body without a permit.
Florida Statute §790 covers weapons and firearms.
The Statute defines a weapon to include the following items: dirk (long thrusting dagger), knife, metallic/brass knuckles, billie (baton/club), tear gas gun, chemical weapon or device, or other deadly weapon. In Florida, common pocket knives, plastic knives, or blunt-bladed table knives are not considered weapons under this Statute.
The Statute defines a firearm to include any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. This does not include antique firearms, unless the antique firearm is used in the commission of a crime.
What are the penalties for possession of weapons and firearms without a license?
- The charge for carrying a concealed weapon is a first degree misdemeanor and can land you in jail for up to one year and a $1000 fine.
- The charge for carrying a concealed firearm is a third degree felony, which comes with up to 15 years in prison, and a $5,000 fine.
- It is against the law in Florida to openly carry a firearm. Open carrying of a weapon is considered a second degree misdemeanor and is punishable by up to 60 days in jail, or a $500 fine.
Possession of a firearm by a convicted felon
It is against the law in Florida for anyone who has been convicted of a felony to own, possess or carry a firearm, ammunition, or electronic weapon, or to carry a concealed weapon. Violating this law could result in a second degree felony with a sentence of up to 15 years of imprisonment, and a $10,000 fine. For habitual felony offenders that meet certain criteria, the sentence could be up to 30 years of imprisonment for possession of a firearm.
10/20/Life – Firearm Enhancements
Florida has enhanced penalties when weapons or firearms are used in the commission or attempted commission of certain felonies.
The felonies that qualify for the enhanced sentencing guidelines include but are not limited to:
- Sexual battery
- Illegal drug trafficking
What the 10/20/Life enhancements mean, is if you commit or attempt to commit certain felonies, and you are possessing a firearm, you will be sentenced to a minimum term of 10 years’ imprisonment.
If you discharge a firearm while committing or attempting to commit certain felonies, you will be sentenced to a minimum of 20 years’ imprisonment.
If you discharged firearm killed or seriously injured someone while you were committing or attempting to commit certain felonies, you will be sentenced to a minimum of 25 years to life imprisonment.
Weapons and firearms violations can have very serious consequences. If you have been charged with a weapon or firearm violation, you need to hire an experienced attorney to represent you. I urge you to consult with me by calling 407-233-3210 or 888-778-7638 toll free.
During your free, initial consultation, we can discuss your circumstances and legal options privately and in confidence.
If we agree that I am the right attorney to defend you, I will represent you aggressively and to the fullest extent of the law.
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