Melbourne Firearm Crimes Attorneys

Representation in Florida Gun Crimes

Under Florida law, most firearm crimes are felonies. Often, a firearm charge is associated with another criminal charge, such as aggravated assault, aggravated battery, robbery, murder, or other charges.

We represent clients charged with firearm crimes, such as:

• Unlawful possession of a firearm
• Carrying a concealed weapon
• Unlawful purchase or sale of firearms
• Possession of an illegal weapon
• Possession of a firearm in the commission of a crime (e.g., robbery with a firearm)
• Brandishing a firearm
• Unlawful discharge of a firearm

At Funk, Szachacz & Diamond, our firearm crimes lawyers in Melbourne are all Florida Bar Board Certified attorneys with extensive experience in criminal defense cases. We can protect your rights in a firearms case.

Understanding Florida Gun Laws

In Florida, everyone who purchases a legal firearm must be 21 years or older. While long guns may be purchased by an individuals of any state in the United States, as long as the gun complies with laws in their home state, handguns may only be purchased by residents of Florida.

There is also no limit to the amount of guns purchased in a single transaction. However, all gun purchases are subject to background checks and a waiting period.

Waiting Period for Firearm Purchases in Florida

The state of Florida requires a 3 day mandatory waiting period upon the purchase or delivery of a firearm. This does not include weekends or holidays.

However, there are exceptions to this rule, as the following instances do not need to adhere to the waiting period:

• The firearm is being bought by an individual with a concealed weapons permit
• The firearm is being traded
• The person has successfully completed a hunter safety course spanning 16 hours, and has the safety certificate with it
• The shotgun or rifle is being bought by someone in law enforcement

Florida Gun Crime Penalties

Florida has mandatory minimum sentences under the state’s 10-20-Life law.

• If a firearm is brandished during the commission of a crime, the defendant may face a mandatory minimum sentence of 10 years.
• When the firearm is discharged in the commission of a crime, the defendant may face a mandatory 20 years in prison.
• If the gun injures or kills someone, a conviction can result in a sentence of 25 years to life.

When it comes to robbery with a firearm in Florida, for example, if a person displays or shows a gun during a robbery without firing it or harming someone else, then they can face at least 10 years in prison, if convicted. If the gun is fired while the robbery takes place, then the offender faces at least 20 years in prison. Lastly, if robbery with a firearm involves a person getting injured or killed, the offender can face a minimum of 25 years in prison.

Due to the serious nature of a firearm charge and related criminal charges, you should not hesitate to seek the advice of experienced Melbourne firearm crimes attorneys. In some cases, firearm charges are prosecuted in federal court. Our lawyers represent clients charged with firearm crimes in state court, federal court, and appellate court..

Defenses Against Firearm Charges in Florida

When facing firearm charges in Florida, several defenses can help protect your rights and reduce or dismiss charges. Some common defenses include:

• Lack of Intent or Knowledge: A common defense is that you didn’t intend to commit a crime with the firearm, or you weren’t aware the firearm was in your possession. Without proof of intent, it may be difficult for the prosecution to prove the charge.

• Unlawful Search and Seizure: Under the Fourth Amendment, law enforcement must have a valid reason to search your property or seize your firearm. If they violated your constitutional rights by searching or seizing your property without a warrant or probable cause, any evidence obtained could be excluded from your case.

• Self-Defense: Florida’s "Stand Your Ground" law allows individuals to use force, including brandishing a firearm, when they feel threatened. If you used the firearm in self-defense, it could be a valid defense, especially if you were in fear of imminent harm.

• Ownership or Possession Disputes: Sometimes, the ownership or possession of the firearm is in question. If the firearm did not belong to you, or you were unaware of it being in your possession, this could be a defense.

• Involuntary Possession: If you were unknowingly in possession of the firearm, such as finding it in your vehicle without realizing it, or if it was placed there by someone else, this could serve as a defense against criminal liability.

Federal Firearm Laws vs. State Laws

Florida firearm laws can differ significantly from federal laws. Understanding these differences is crucial:

• State vs. Federal Prosecution: A firearm charge can be prosecuted in both state and federal courts, and federal courts typically handle more serious offenses, such as trafficking firearms across state lines or selling firearms to prohibited individuals.

• Different Penalties: Federal gun crimes tend to carry more severe penalties, and violations can result in longer sentences compared to state charges. Federal gun laws also involve stricter regulations on firearm possession, particularly in relation to prior convictions or crossing state lines with firearms.

• Federal Firearm Crimes: Certain actions, such as trafficking firearms between states or selling firearms to individuals with criminal records, may trigger federal charges, which involve more complex and harsher penalties than state charges.

The Impact of a Firearm Conviction on Your Future

Being convicted of a firearm crime in Florida can have lasting consequences, including:

• Loss of Firearm Rights: Convictions can result in the permanent loss of your right to own or possess firearms. This can be particularly significant for individuals who rely on firearms for hunting, sport, or professional reasons.

• Employment and Housing Difficulties: A criminal record from a firearm conviction can make it challenging to secure employment or housing. Many employers and landlords conduct background checks, and a conviction could limit opportunities.

• Professional Licenses: A firearm conviction can affect your professional standing, especially in fields that require licensure, such as law enforcement, security, or other professions that involve firearm use.

• Social Stigma: A firearm conviction often comes with societal stigma. It can affect your personal relationships and your reputation in your community, making it more difficult to reintegrate into society after serving your sentence.

Understanding the potential consequences of a firearm conviction is important in considering defense strategies and seeking legal representation. If you face firearm charges, consulting with an experienced attorney can help minimize the impact of these serious legal issues on your future.

Frequently Asked Questions (FAQ) About Firearm Crimes in Florida

What should I do if I’m arrested for a firearm crime in Florida?

1. If you’re arrested for a firearm crime, remain calm and exercise your right to remain silent. It’s important to contact an experienced firearm defense attorney as soon as possible. Avoid discussing the details of your case with anyone other than your lawyer to protect your legal rights.

Can I legally carry a firearm in Florida if I have a criminal record?

1. Florida law prohibits certain individuals, such as those convicted of felonies, from possessing or carrying firearms. If you have a criminal record, it’s crucial to consult with a lawyer before attempting to carry a firearm, as doing so could lead to serious charges.

What happens if I am found guilty of a firearm-related crime in Florida?

1. A conviction for a firearm crime can result in severe penalties, including prison time, fines, and the loss of your right to own a firearm. The exact penalties depend on the nature of the crime and whether it’s a state or federal charge. Consulting an attorney is essential for understanding the potential consequences.

Is there a difference between a concealed carry permit and a concealed weapon charge?

1. Yes, a concealed carry permit allows an individual to legally carry a concealed firearm in Florida. A concealed weapon charge occurs when someone carries a weapon without the proper permit. If you are charged with carrying a concealed weapon without a permit, it’s important to seek legal advice to determine the best defense strategy.

Can I own a firearm in Florida if I’m under 21?

1. In Florida, you must be at least 21 years old to purchase a handgun. However, individuals 18 years and older can legally purchase long guns, such as rifles and shotguns, if they comply with federal and state regulations. If you're under 21 and are caught purchasing a handgun, you may face charges.

What are the penalties for discharging a firearm illegally in Florida?

1. Discharging a firearm illegally in Florida can lead to severe consequences, especially if it results in injury or death. Reckless discharge of a firearm may result in felony charges, carrying significant prison sentences and fines. If the discharge causes harm or death, such as in cases of homicide, the penalties increase dramatically, with mandatory minimum sentences for crimes like manslaughter or second-degree murder. These serious charges carry long prison terms, reflecting the gravity of the offense.

Can I legally possess a firearm in my home without a permit in Florida?

1. Yes, in Florida, you can legally possess a firearm in your home without a permit. However, you must ensure that the firearm is stored safely, especially if there are minors or other individuals in the household who should not have access to it.