Lakeland Criminal Defense Attorney - Weapons Offenses

lakeland weapons offenses attorney

If you are charged with a weapons offense, you need an experienced attorney to aggressively defend you and protect your rights.  Florida law mandates harsh mandatory minimum prison sentences and other enhancements for many weapons charges.  The 10/20/Life provisions of Section 775.087 mandates prison for no less than 17 types of firearms offenses. Defendants convicted of such charges receive 10 years if they merely possessed a firearm during the crime, 20 years for discharge of a firearm during the crime, and a life sentence for killing or inflicting injury with a gun during the crime.

Carrying A Concealed Weapon - It is a felony offense for a person knowingly to carry a concealed firearm without having a valid license and concealed weapons permit.  There is no requirement that the accused intended to “conceal” the gun.  The phrase “on or about the person” means physically on the person or readily accessible to him or her, which includes the interior of an automobile and the vehicle’s glove compartment, whether or not locked.  The offense is generally classified as a third degree felony, punishable by up to 5 years in prison or 5 years of probation, and a $5,000 fine.  Under Florida law, there are several defenses.  Under Section 790.25(5), it is lawful and is not a violation of Section 790.01 for a person 18 years of age or older to possess a concealed firearm for self-defense within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

Improper Exhibition of A Firearm - Exhibiting of a weapon, such as a gun or knife, in threatening, angry, or careless manner.  It is important to note that it is not necessary that the exhibition be carried out in an intentional manner. A mere display of the firearm or weapon is sufficient to subject the accused to criminal liability.  The offense is classified as a first degree misdemeanor and carries penalties of up to 1 year in jail or 12 months of probation, and a $1,000 fine.

Discharging A Firearm In Public - The defendant knowingly discharged a firearm in a public place; or the defendant knowingly discharged a firearm on the right of way of a paved road, highway, or street; or the defendant knowingly discharged a firearm over the right of way of a public road, the right of way of a highway, the right of way of a street, or over occupied premises.  The offense is generally classified as a first degree misdemeanor, with penalties of up to one year in jail or twelve months of probation, and a $1,000 fine. The most common defense is that it was not intentional or that it was accidental.  

If you are arrested for a weapons offense, you need an aggressive defense attorney who will protect your rights.  Because of the seriousness of the harsh mandatory minimum sentences and enhancements you are facing, it is imperative that you contact Attorney Heather Bryan for your free and confidential consultation, at 863-825-5309.