An arrest for gun charges can lead to many adverse consequences in your life and future. While people in the United States have the right to bear arms, there are strictly enforced regulations you must follow, or you could face arrest and sentencing.
The state’s attorney in Florida takes arrests involving firearms and other weapons seriously and prosecutes the charges to the fullest extent the law allows. While you are not required to hire a criminal defense attorney after an arrest for gun charges, they could answer your questions, review your legal options, and help determine your best defense strategy. Call a qualified Tavares gun lawyer today to begin preparing your case.
Common Gun Charges in Florida
The criminal statute for gun charges also includes homemade explosives or devices. The most common gun charges in Florida include the following:
- Unlawfully carrying a weapon.
- Brandishing a firearm in public.
- Illegally selling or distributing guns.
- Possessing a firearm as a convicted felon.
- Being intoxicated while possessing a gun.
- Unlawfully discharging a weapon in public.
- Carrying a concealed weapon without a license.
- Having a gun with the intent to commit a crime.
After reviewing the arrest and other case details, a seasoned Tavares gun attorney could answer specific questions about defense strategies and potential penalties for conviction.
Penalties for Gun Charges in Florida
Penalties for a gun conviction vary greatly and depend on the circumstances of a specific arrest and the accused’s prior criminal record. Many weapons charges carry mandatory minimum sentencing, and if the arrest occurs during the commission of another crime, the sentencing is usually harsh.
The Ten-Twenty Life Law
The ten-twenty life law requires criminal court judges to sentence defendants to mandatory minimum sentences when certain circumstances are present. According to Florida Statutes § 775.087, a person guilty of using or attempting to use a firearm while in the commission of executing or trying to carry out a felony will face mandatory sentencing. Depending on the case specifics, the judge must sentence the defendant to ten, 20, or 25-year prison terms.
If the individual is guilty of using a machine gun or assault weapon, the minimum mandatory sentences are 15, 20, or 25 years to life in prison. The incarceration terms are in addition to the underlying felony conviction and will run consecutively to that sentence. A proactive gun lawyer in Tavares could extensively review the statute and help find the best defense for an individual’s unique situation.
Convicted Felons
Convicted felons may not have or own a gun or be in the same household with a weapon, even if it belongs to someone else with a gun license. A felon who is found guilty of gun possession could serve up to 15 years in prison and pay fines of up to $10,000. There is a mandatory minimum prison sentence for the conviction of a felon possessing a firearm of three years.
Call a Tavares Gun Attorney Now
A conviction for gun charges can mean a misdemeanor or felony conviction on your permanent record and harsh sentencing. A felony will also cause you to lose your right to bear arms.
A Tavares gun lawyer could investigate and examine the cause of arrest and help strategize the best defense for your case. The more time you have to collect evidence and prepare, the better your chance of reaching a positive outcome. Call soon to schedule a consultation if you need legal guidance after an arrest for gun charges.