Gun charges are not always felonies. Sometimes, they are treated as misdemeanors depending on the situation. Authorities may look at a person’s record, where the incident happened, and whether the gun was tied to another crime when deciding how to charge the case.
A Miami weapons and gun charges lawyer from our team will review the facts and guide you through the process, whether your case involves state or federal law, or both. Gun cases can move quickly, so getting legal help early can help your defense.
We work together to protect your rights, explain what is happening, and take action that fits your case.
Misdemeanor vs. Felony Gun Charges
Gun charges in Florida can be filed as either misdemeanors or felonies. The level of the charge depends on the facts of the case.
Florida law decides how gun charges are classified under state statutes, including when a charge becomes a felony. Federal law has its own rules, and the same conduct can also be charged as a federal crime.
Misdemeanor Gun Charges
Some gun offenses are misdemeanors. These are less serious than felonies, but they can still lead to jail time, fines, and a criminal record.
Examples include:
- Carrying a concealed weapon without permission in some cases
- Leaving a gun where a child can reach it
- Breaking local gun rules
A misdemeanor can still affect your job, your record, and your right to have a gun later.
Felony Gun Charges
Some gun charges are felonies. These are more serious and can lead to prison time and long-term problems. Examples include:
- Having a gun after a felony conviction
- Using a gun during a crime
- Selling guns in an illegal way
- Having a gun during drug crimes
Florida law says certain people, like convicted felons, cannot have a gun. In some cases, the same act can also break federal law and lead to charges in federal court.
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What Turns a Gun Charge Into a Felony?
The same situation can lead to very different charges depending on what happened. Small details can change a case from a misdemeanor to a felony.
Several things can raise the level of a gun charge, such as:
- Criminal history: A person’s record plays a big role. A past felony can turn simple possession into a new felony charge.
- Intent: What the person did with the gun matters. A past felony can turn simple possession into a new felony charge.
- Location: Where the situation happened can change the charge. Places like schools, airports, and government buildings have stricter gun rules.
- Connection to another crime: The charge can also become more serious if the gun is linked to another crime, such as drugs or violence.
Florida law also increases penalties in certain cases. Under Florida Statutes § 775.087, known as Florida’s “10-20-Life” law, extra prison time can be added when a firearm is used during certain felonies.
State vs. Federal Gun Charges
Gun charges can be handled in state court or federal court. The system that handles the case depends on what happened. Florida handles most gun cases under state law. These include charges like having a gun after a felony or using a gun during a crime.
The federal government can handle cases in certain situations, such as when:
- A gun is moved across state lines.
- A gun is tied to drug trafficking.
- Federal agents are involved in the case.
The same act can break state and federal laws. When that happens, the case may move to federal court or stay in state court based on what the charge is. A person faces stricter rules, harsher penalties, and longer prison sentences if they are convicted on a federal charge.
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Penalties for Gun Charges in Florida
The penalties a person receives depend on whether their case is a misdemeanor or a felony. For a misdemeanor, a person may face up to one year in jail, fines, and probation.
For a felony, the penalties are more serious. They can include several years in prison, larger fines, a permanent criminal record, and loss of the right to own a firearm. Florida also has strict sentencing rules when a gun is used during a crime. Under Florida Statutes § 775.087, extra prison time can be added depending on how the firearm was used.
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How Our Weapons and Gun Charges Lawyer Helps
Gun charge cases can move fast, and small details can affect how the case is charged. Our weapons and gun charges lawyer in Miami will:
- Review how the arrest happened
- Look at the evidence and how it was handled
- Check if your rights were violated
- Challenge weak or improper evidence
- Work to reduce or dismiss charges when possible
Our team works together on every case. You will get clear updates and direct answers about what is happening. We focus on building a strong defense from the start and taking steps that match your situation.
Get Clear Answers About Gun Charges From DMR Law Today
Gun charges can shift quickly from minor to serious, especially in Miami, where state and federal laws can overlap. A Miami criminal defense lawyer from our team will review your case and take the steps to protect your rights early.
At DMR Law, Attorney Maria brings insight from her time as a former federal prosecutor, including work on high-level and complicated cases. That experience helps our team understand how these cases are built and how to respond.
We handle gun and weapons charges across Florida and Puerto Rico and approach each case as a team with a clear plan and a focus on delivering strong results with a human touch. Call today to review your legal options during a private consultation.
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