While no one wants to be charged with a crime, gun crimes could have a notably severe impact on the outcome of a criminal case. Many crimes carry harsher penalties if the defendant is convicted of using a gun.
If you are facing such a situation, call a Hollywood gun Lawyer from our firm immediately. The dedicated criminal defense Attorneys at Leifert & Leifert are familiar with the minutiae of Florida law and could work with you to come up with the best possible defense strategy for your case.
Gun Laws in Hollywood
Florida state law permits individuals to carry concealed firearms as long as they are licensed properly. Under Florida Statutes §790.06, you may obtain such a license if you could demonstrate that you possess each of the following:
- Legal United States residency
- Proof that you are over 21 years of age
- Freedom from any physical impairment that would prohibit the safe handling of a firearm
- Competence with your firearm
Individuals who have been convicted of certain Felonies or drug abuse charges may be ineligible to obtain a concealed firearm license. A gun Attorney in Hollywood could go into further detail regarding the qualifications for a concealed carry license.
Under Fla. Stat. §790.01, carrying a concealed firearm without a license is considered to be a third-degree Felony. Such Felonies are potentially punishable by up to five years in prison.
Using a Firearm Under the Influence
In the State of Florida, Fla. Stat. 790.151 prohibits any use of a firearm while under the influence of alcohol, drugs, or other illicit substances. Those who do so may be charged with a second-degree Misdemeanor punishable by imprisonment for up to 60 days. Any individual who is lawfully defending themselves or their property could be exempt from possible criminal charges.
Using a Firearm While Committing a Crime
A person who uses a firearm while committing another crime will be punished more severely than an individual who does not use a firearm. In many situations, the potential punishment is increased by one or more degrees.
For example, the standard charge for battery—defined as the intentional striking or causing of bodily harm to another—is a first-degree Misdemeanor. However, an individual who uses a firearm or other deadly weapon in a crime could be found guilty of aggravated battery, which is a second-degree Felony under Fla. Stat. §784.045.
Separate Firearm Charges
In addition to being punished for the original crime, the State of Florida also criminalizes the use of a firearm or deadly weapon while committing another crime, separately. This means you could potentially be charged twice for a crime—once for the original crime, and again for the use of a firearm. A person convicted under this statute is guilty of a second-degree Felony.
Any person convicted a second time may face harsher punishments. Those using a firearm while committing a Felony may be charged with a first-degree Felony if they have previously been convicted of the same crime. Given these enhanced punishments, you may want to call our skilled Hollywood gun Attorneys at Leifert & Leifert for more information if you are facing multiple or successive gun charges.
A Hollywood Gun Attorney Could Help with Criminal Defense
If you were accused of a gun crime, you may feel overwhelmed and unsure of how to defend your rights. A qualified Hollywood gun Lawyer could review your case and advise you on what we could do to help your situation.
At Leifert & Leifert, we want to ensure your rights are protected at every step of the process and are committed to representing your best interests from arraignment all the way to Trial. Call today for a free consultation.