If you’re involved with weapons and guns, and you’ve been arrested for violation of a criminal statute for the possession, unlawful discharge or illegal sale of firearms, you can face serious legal and financial consequences as a result. Weapons charges run the gamut from a misdemeanor to a felony, from a state to a federal crime, based on an individual’s criminal history, the time and place where the offense occurred, the amount of weapons involved, and the degree of injury. Involving a Fort Lauderdale criminal defense attorney is one of the most important actions you can take in the face of allegations or charges of a Florida firearms offense.
The Florida legislature recently enacted a 10/20/Life provision in an attempt to get tough on crimes involving firearms. In the State of Florida, weapons charges can carry a minimum mandatory sentence, which means if convicted, you must serve a certain amount of your sentence day for day in a Florida State Prison, including:
Keep in mind that these sentences are the minimum mandatory sentence that will be imposed upon conviction, meaning that the court can not impose a lesser sentence. The court still has discretion to impose a sentence up to the statutory maximum allowed for the particular offense. The Court can not “withhold adjudication” nor suspend or defer the imposition of the sentence.
Federal Law, 18 U.S.C. 922(g) and (n), sets minimum requirements which exclude certain groups of people from legally possessing a firearm, including any person who meets one of the following criteria:
In addition to the Federal laws that restrict firearm possession, each state has certain more restrictive legislation. Florida law legislation concerning the illegal possession of firearms include the following:
The punishment for illegal possession of a firearm can vary from a misdemeanor to a felony, depending on the circumstances surrounding the possession. Furthermore, under the Child Access Prevention Law, any gun owner can be prosecuted for not securing a firearm or other weapon in a location that is not readily accessible to children under 16 years of age. If a child under the age of 16 comes into possession of the firearm, the gun owner can be charged with a separate criminal offense for not properly securing the firearm. It is also a crime under Florida law to provide a juvenile with a firearm, including delivering, giving or transferring the firearm to a person under the age of 18, except under very limited circumstances.
If you used a weapon to defend yourself, Leader, Leader & Zucker, PLLC may be able to reduce or dismiss charges under the new Stand Your Ground law. This law allows you to defend yourself or others immediately if you are attacked. Contact a Florida criminal defense attorney at Leader, Leader & Zucker, PLLC as soon as possible if you have been accused of or arrested for any type of weapon offense. Not only do we offer a free initial consultation but we also have the dedication and experience necessary to effectively represent your interest through the life of your case. Each state has different laws that involve the possession, sale, manufacturing and distribution of firearms and a number of other deadly weapons. With over a decade of trial experience and as former prosecutors, Fort Lauderdale criminal defense attorneys with Leader, Leader & Zucker, PLLC can provide you with the knowledgeable guidance and accurate information you need right now, as well as the aggressive legal representation you will need inside and outside of the courtroom.
Leader, Leader & Zucker, PLLC was founded and is operated with the fundamental principles of innovation, skill, experience, knowledge, aggressiveness and, most importantly, personal attention to all of its clients.
HOME
ATTORNEYS
PRACTICE AREAS
BLOG
LEGAL VIDEO
CONTACT
Address:
633 South Andrews
Ave Suite 201
Fort Lauderdale, FL 33301
Phone:
954-523-2020
Fax:
954.523.2525
