The most common defenses to weapons charges involve questioning the legality of police search and seizure or denying intent. Other common affirmative defenses include self–defense and claims of legal possession.
The most effective defense strategy depends on the specifics of the charge and details of your case. You can talk to a weapons and guns charges lawyer in Miami if you have more questions about common weapons charge defenses.
Examples of Weapons Crimes in Florida
Weapons charges range from misdemeanors to serious felonies that carry several years in prison. Most weapons charges in Florida relate specifically to guns and firearms, though other categories of weapons are regulated, such as explosives, brass knuckles, and certain types of knives.
Below are some of the most common types of weapons charges in Florida and their criminal penalties:
- Concealed carry without a permit. In Florida, eligible individuals may lawfully carry a concealed firearm without a permit under permitless carry laws. However, carrying a concealed firearm is still illegal in certain circumstances, such as for individuals prohibited from possessing firearms or in restricted locations, and violations can result in felony charges, including a third-degree felony punishable by up to five years in prison and a fine of up to $5,000.
- Firearm possession by a convicted felon. Felons in Florida are prohibited from possessing firearms unless they have their rights reinstated. Violations are a second-degree felony, carrying up to 15 years in prison and fines up to $10,000.
- Exhibiting a firearm. Exhibiting a firearm in a threatening or reckless manner (brandishing) is a first-degree misdemeanor that can be punished by up to a year in county jail and a $1,000 fine.
- Assault with a deadly weapon. Assault with a deadly weapon or firearm is a third-degree felony.
- Unlawful sale of firearms. Selling a firearm to a felon or minor is illegal and a third-degree felony in Florida.
- Using a weapon in the commission of a felony. Using a weapon while committing a felony can trigger punishment under Florida Statutes 775.087, causing the crime to be charged as a higher degree of crime with more severe penalties.
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Legal Strategies Used to Defend Against Weapons Charges
Below are some of the most common defense strategies a Miami criminal defense lawyer can use to defend you against criminal charges for weapons offenses.
Illegal Search and Seizure
One of the most common defenses to weapons offenses questions the legality of any search and seizure. This is primarily the main strategy in offenses related to weapons possession.
Police generally cannot enter and search your property unless they have your express permission or a signed warrant from a judge. If the police illegally searched your property and seized weapons, a lawyer could petition to have the evidence suppressed and thrown out of court. Note that there are some exceptions where police can search without a warrant—e.g., they see illegal objects in plain sight or have probable cause of you committing a crime.
For example, say you get pulled over for a broken taillight, and during the stop, the police search your car without probable cause or a warrant. If they found a weapon, your attorney could argue that the search was illegal and violated your Fourth Amendment rights, thus making any evidence gathered inadmissible.
Lack of Knowledge
Many weapons offenses require knowledge and intent. In other words, you need to know you are committing a crime and intend to commit it. Lacking the requisite intent could be a defense to criminal charges.
For instance, weapons possession charges require you to know and intend to possess the weapon. Say you share a house with a roommate, and the police find an illegal weapon in a shared space. If the weapon belonged to your roommate and you had no knowledge of it, it could be a defense against possession charges.
Similarly, the crime of brandishing a weapon requires intent. If you accidentally exhibited the weapon or did not do so in a threatening manner, the action lacks the criminal intent to be considered brandishing.
Self-Defense or Defense of Others
An affirmative defense to weapons charges like aggravated assault and others involving force is self-defense. Florida is both a “stand your ground” and “castle doctrine” state, so individuals have the right to defend themselves with lethal force and don’t have a duty to first retreat.
So long as the individual was somewhere they had a right to be and had a reasonable belief they or another was in immediate danger, force can be legally justified. For example, if someone tried to force their way into your vehicle or house without permission, a lawyer could argue that any weapon use was a matter of justified self-defense.
In order for a self-defense claim to be valid, the danger must be imminent, and the response must be proportional to the threat.
Factors That Can Impact Weapons Charges
Various factors can impact the severity of weapons charges and how the defense proceeds.
- The type of weapon (e.g., knife, gun, explosive, taser, etc.)
- Actual vs. constructive possession
- Carrying concealed or not concealed
- Prior criminal record (especially weapons offenses)
- Location where crime occurred (e.g., school zone, hospital, etc.)
- Whether or not you were in the commission of another crime
- If the act caused bodily injury or death
A lawyer can build a robust defense that is sensitive to the specifics and legal intricacies of your case.
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Contact a Criminal Defense Lawyer in Florida Today
Do you have more questions about common defenses to weapons charges in Florida? If so, contact DMR Law today to schedule a case consultation with a Miami criminal defense lawyer.
Call or text (305) 548-8666 or complete a Free Case Evaluation form