Florida enforces strict laws surrounding firearm use, possession, and distribution. While the Second Amendment grants citizens the right to bear arms, there are legal boundaries that must be respected. When these boundaries are crossed, individuals can face severe penalties, including incarceration, steep fines, and the loss of certain rights. If you’re charged with a firearm-related offense, understanding your rights and the legal process is crucial. At The Sombathy Law Firm, we are committed to providing skilled legal representation to those facing firearm crime charges.
Common Types of Firearm Crimes in Florida
Firearm-related charges can vary in severity, but they all carry significant legal consequences. Some of the most common firearm crimes in Florida include:
Illegal Possession of a Firearm
Florida law outlines specific criteria for lawful firearm possession. Individuals prohibited from owning or possessing firearms include:
- Convicted felons (unless civil rights and firearm rights have been restored).
- Persons under the age of 21 purchasing firearms.
- Individuals subject to certain restraining orders.
- Those with specific mental health conditions or histories of substance abuse.
Possession of a firearm by a prohibited person is a serious offense and can lead to felony charges.
Carrying a Concealed Firearm Without a Permit
Florida law allows residents to carry concealed firearms with a valid concealed weapon or firearm license (CWFL). Carrying a concealed firearm without proper licensure can result in a third-degree felony, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.
Use of a Firearm in the Commission of a Crime
Using a firearm during the commission of another crime, such as robbery or assault, can significantly increase the severity of charges. Florida’s 10-20-Life law mandates enhanced penalties for crimes involving firearms:
- A minimum 10-year sentence for possessing a firearm during a violent felony.
- A minimum 20-year sentence for discharging a firearm during a violent felony.
- A minimum 25-year sentence to life if someone is injured or killed by the discharge of a firearm during a violent felony.
Improper Exhibition of a Firearm
Brandishing a firearm in a manner that is threatening, angry, or careless is a first-degree misdemeanor in Florida. This charge often arises from misunderstandings or disputes that escalate.
Firearm Trafficking
Buying, selling, or distributing firearms illegally is considered trafficking and can result in federal and state charges. The penalties for firearm trafficking depend on the number of firearms involved and whether the weapons were used in other criminal activities.
Altering or Removing Firearm Serial Numbers
Tampering with a firearm’s serial number is illegal under both state and federal law. Possession of a firearm with an altered or removed serial number is a felony, regardless of whether the individual tampered with the serial number themselves.
Penalties for Firearm Crimes
The penalties for firearm-related offenses in Florida depend on the specific charge, the defendant’s prior criminal history, and whether aggravating factors are present. Common penalties include:
- Prison or jail time.
- Probation.
- Substantial fines.
- Loss of firearm ownership rights.
- Permanent criminal record.
Mandatory minimum sentences may apply for certain offenses, leaving judges with limited discretion to reduce penalties.
Defenses Against Firearm Charges
Facing a firearm charge can be overwhelming, but defenses are available depending on your case’s circumstances. Common defense strategies include:
Challenging the Evidence
Law enforcement must follow strict protocols when seizing firearms or conducting searches. If the evidence against you was obtained illegally, such as through an unlawful search and seizure, it may be suppressed in court.
Lack of Knowledge
For some charges, the prosecution must prove that you knowingly possessed a firearm. If you were unaware of the firearm’s presence, your attorney may be able to argue a lack of intent.
Self-Defense
Florida’s “Stand Your Ground” law allows individuals to use firearms to defend themselves or others if they reasonably believe they are in imminent danger. Demonstrating that you acted in self-defense can result in reduced charges or a full dismissal.
License and Permits
If you were charged with carrying a concealed firearm but had a valid permit at the time, this could serve as a defense. Additionally, misunderstandings about permit requirements may be clarified in court.
Mistaken Identity
In cases involving multiple suspects, proving that you were not in possession of or using the firearm in question can be a strong defense.
Why Choose The Sombathy Law Firm?
Firearm crime charges can have life-altering consequences, but you don’t have to face them alone. At The Sombathy Law Firm, we are dedicated to protecting the rights of our clients and providing comprehensive legal guidance. We will carefully review the evidence, identify weaknesses in the prosecution’s case, and develop a strategy tailored to your situation.
Contact Our Panama City Defense Attorney Today
If you’re facing firearm-related charges in Panama City or Panama City Beach, don’t wait to seek legal help. Contact The Sombathy Law Firm to schedule a consultation and learn more about how we can assist you. Protecting your rights and future is our priority.
