When you are facing gun crime charges, it is natural to feel scared and uneasy. Your best chance at avoiding the serious consequences of a conviction and/or incarceration is to turn to an experienced Delray Beach criminal defense attorney.
An experienced Delray Beach gun lawyer can develop a fact-specific defense strategy in every case and work tirelessly to obtain favorable results for their clients. A gun attorney in Delray Beach can help to either dismiss or reduce any penalties an individual may be facing.
What are the Gun Laws in Florida?
Florida and federal firearms statutes regulate nearly every aspect of gun ownership, including who can purchase a firearm, what types may be sold, and the manner in which they can be carried.
The laws governing the use, possession, purchase, and sale of guns in Florida is found in Title XLVI, Chapter 790–Weapons and Firearms. Florida’s gun laws make a distinction between the gun-specific offenses detailed in Chapter 790 and firearm enhancements.
Gun Offenses
Although Florida is fairly accommodating to gun owners, any person convicted of illegally carrying, possessing, purchasing, selling, or discharging a firearm is subject to harsh criminal penalties. Some examples of gun crime charges in Florida include:
- Carrying a concealed firearm without a license
- Openly carrying a firearm on or about one’s person
- Improper exhibition of dangerous weapons or firearms
- Possession of a firearm by a convicted felon or delinquent
- Discharging a firearm in public
- Carrying a concealed firearm or openly carrying a handgun in a location prohibited under Florida law (e.g. courthouse, school property)
- Possession of short-barreled rifle, short-barreled shotgun, machine gun, or illegal ammunition
- Possession of stolen firearms
Each of these gun offenses have distinct elements, which must be proven by a Prosecutor in order to obtain a conviction. Gun crimes in Florida range from misdemeanors to serious felonies.
Which Gun Offense Carries a Mandatory Minimum Sentence?
The only gun-specific crime that carries a mandatory minimum sentence is possession of a firearm by a convicted felon. In Florida, a person convicted of this offense will face a mandatory minimum prison sentence of three years, unless found not guilty or the charges are otherwise reduced to avoid this harsh penalty. To best defend against any sort of charge, an individual should contact a Delray Beach gun lawyer as soon as possible.
Firearm Enhancements
In addition to the gun-specific offenses listed above, Florida has enacted sentencing enhancements for convictions of certain felony offenses when a gun was possessed or used during the commission of the crime. Firearm enhancements operate to either increase the penalties for a crime or trigger a mandatory minimum sentence.
The firearm enhancement that requires courts to impose mandatory minimum sentences is commonly referred to as 10-20-Life. The crimes specified in Florida’s 10-20-Life law include, but are not limited to:
- Murder or manslaughter
- Sexual battery
- Aggravated battery
- Robbery
- Carjacking
- Burglary
For individuals convicted of crimes in which a gun was involved, the mandatory minimum sentences under 10-20-Life are imposed as follows:
- Armed with a gun during the commission of the crime – 10 years
- Discharging a gun during the commission of the crime – 20 years
- Seriously injuring or killing a person during the commission of the crime – 25 years
No matter which, if any, aggravating factors were present in an individual’s gun charge, an experienced gun attorney in Delray Beach can help defend against the prosecution’s allegations.
Contact a Delray Beach Gun Lawyer
Whether you have been accused of improperly possessing, using, or carrying a gun or are dealing with the possibility of a firearm enhancement, a Delray Beach gun lawyer can help. An experienced attorney will be dedicated to providing compassionate and knowledgeable representation with the goal of preserving their clients’ rights, freedom, and reputation.
