If Florida officers accuse you of weapons violations or level gun charges against you, those criminal charges may see you face considerable jail time and even life in prison. You need to talk to a Miami weapons and gun charges lawyer if you want to keep your record clean.
Fortunately, DMR Law and its Miami criminal defense lawyers have a long history of advocating for clients wrongfully accused of illegal possession of weapons and related weapons charges. Clients can turn to Attorney Maria A. Dominguez-Victoriana to benefit from her 30+ years of criminal law experience.
Don’t let the state of Florida add unreasonable charges to your criminal record. DMR Law invites you to book a free consultation with an experienced criminal defense attorney today.
Breaking Down Florida’s Gun Rights
The United States Constitution includes an amendment that, while open to interpretation, allows “the people to keep and bear arms.” Florida’s state laws take that right a step further, with Fla. Const. art. I § 8a stating that residents may bear arms “in their own defense.”
This legislation also reduces the waiting period a person has to wait through between purchasing a handgun and the delivery of that gun. All residents need to wait at least three days before their weapon arrives at their home. Failure to uphold this waiting period can see offenders charged with a felony.
Gun owners in Florida must also maintain a valid license and possess a conceal-and-carry permit if they intend to keep their firearms on them when leaving the house. While the state’s laws allow residents to possess and maintain firearms, possession of destructive devices and other controlled weapons remains highly regulated.
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When is it Illegal to Possess a Firearm in Florida?
Florida’s firearm laws are some of the most permissive in the United States. However, our weapons and gun charges lawyers in Miami know that you can still face firearms charges if you’re accused of any of the following:
Carrying a Concealed Weapon Without a Valid Permit
You must apply for and maintain a conceal-and-carry license if you want to keep a firearm on you in public in Florida. Failure to possess or maintain a conceal and carry license can see state police charge you with a third-degree felony. You may face up to five years in prison and fines of up to $5,000 unless you can contest the charges brought against you.
Possessing a Firearm After a Felony Conviction
F.S. 790.23 notes that Florida residents who possess a firearm after being convicted of a felony crime may face second-degree felony charges. Those charges come with a risk of up to 15 years in prison and fines of up to $10,000.
Possessing a Firearm as a Defendant Involved in a Domestic Violence Case
The state of Florida bars defendants involved in domestic violence cases from possessing firearms while those cases are in progress. Residents are expected to surrender their weapons until their case concludes.
Parties convicted of domestic violence may not retake possession of those weapons upon the conclusion of their case.
Possessing a Loaded Firearm as a Minor Without Parental Supervision
Minors under the age of 16 are not permitted to possess loaded firearms in the Sunshine State, particularly not without the supervision of a parent.
Minors who fail to safely handle dangerous firearms or who expose their peers to dangerous situations can face legal consequences for their misconduct–as can their parents, who can face accusations of culpable negligence.
Aggravated Assault With a Deadly Weapon
No one has the right to threaten another person with bodily harm or to enact bodily harm with a controlled weapon. There is a stark difference between self-defense and assault–one that you may need to discuss with an experienced Miami weapons and gun charges lawyer.
Armed Robbery
Using a weapon to threaten someone with bodily harm while robbing them of their possessions can see you face legal consequences, including several years in prison, especially if an alleged robbery results in someone’s extensive injuries or death.
Possession of Trafficked Weapons
The state of Florida does not permit residents or passers-through to traffic controlled weapons through the state or over international borders for illegal sale.
Officers can arrest anyone they suspect of illegally transporting guns and other dangerous weapons–but so too can officers misinterpret someone’s behavior.
If you’re accused of trafficking weapons or possessing trafficked weapons, you have the right to discuss your legal defense with an experienced attorney.
Miami Weapons and Gun Charges Lawyer Near Me (305) 548-8666
When Should You Contact a Miami Weapons and Gun Charges Lawyer?
Your initial arrest may be offputting and upsetting. However, you have a constitutional right to reach out to an experienced weapons and gun charges attorney in Miami to request representation immediately upon your arrest.
Our criminal defense lawyers can prevent police officers and other parties from taking advantage of your stress and emphasize your right to challenge officer misconduct. We can oversee your initial conversations about bail before outlining what defenses you can use to challenge the charges brought against you.
If you want to challenge accusations of illegal firearm possession, discharge, or other criminal offenses, you need an experienced attorney on your side. You can decide whether or not you’re ready to work with our team after a free consultation.
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Penalties for Gun Crimes in Miami
According to Florida’s 10/20/Life Law, the minimum sentence you may face when accused of weapons violations may include:
- 10 years in prison for possession of a firearm during criminal activity
- 20 years in prison for the illegal discharge of a weapon during a crime
- Life in prison for inflicting injury with a gun on another person or for killing someone while committing a crime.
Unfortunately, Florida’s criminal courts can compound the charges brought against you if arresting officers allege that you possessed an illegally concealed firearm, forged your background check when purchasing a weapon, or possessed deadly weapons like machine guns after a previous felony conviction.
You must reach out to an experienced attorney in the wake of your arrest if you want to protect yourself from devastating criminal consequences.
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Building a Defense Against Accusations of Illegal Weapons and Gun Charges
When arguing against mandatory prison sentences or other consequences of allegedly illegal activities, our Miami, FL, weapons and gun charge attorneys can build your defense by referencing Florida’s:
- Duty to Retreat
- Castle Doctrine
- Stand Your Ground Policies
We can further argue that law enforcement officers:
- Violated due process, often by failing to provide you with a timely arraignment, denying you access to sound legal representation, or engaging in professional misconduct
- Mishandled evidence tied to your gun charges, often by tampering with witness statements or failing to uphold a chain of custody
- Engaged in entrapment by coercing you to behave in a way you wouldn’t have unless provoked or persuaded to do so
The defense we use to build your case will vary depending on the circumstances and the specific charges brought against you. You can discuss your long-term goals when you meet with our team for a defense consultation.
Plea Deals and Your Gun Charges
Our team will never consent to a plea deal without first discussing the option with you. We believe in putting your goals first and will always fight for your right to have the charges brought against you reduced or dropped.
However, if you’re interested in a plea deal and receive an offer for one, we can discuss the logistics of a deal with you and make sure the deal prioritizes your best interests.
We Will Fight for Your Freedom and Future
With an experienced weapons violation defense team, DMR Law is a strong choice for defendants. You can count on our weapons and gun charges attorneys in Miami, FL, to build a strong defense on your behalf.
To schedule a consultation regarding any weapons or gun violation case in the region, contact us today.
Call or text (305) 548-8666 or complete a Free Case Evaluation form