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Expert Defense Attorneys Dedicated to Your Case

Melbourne Firearm Crimes Attorneys

Representation in Florida Gun Crimes

Man holding gun

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.

If you have been charged with a firearm crime, call (321) 360-4446 to discuss your case with an attorney.

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.

    We encourage you to contact us at (321) 360-4446 for advice that is specific to your situation.

    Our Case Results

    From murder charges to alleged fraud, our case successes speak for themselves. Our clients themselves testify to the premium care that our firm holds as a standard for all of our cases.
    • Mr. L. was arrested for Robbery With a Firearm, Use of a Firearm During the Commission of a Felony, Possession of a Firearm by a Convicted Felon and Grand Theft. Although selected out of a photo-lineup, Mr. L. was acquitted of all counts after jury trial. Robbery with a Firearm Firearms
    • After being identified in numerous lineups, Mr. L. was arrested and formally charged with 3 Robberies With a Firearm as well as Kidnapping and Grand Theft. After a contentious jury trial, Mr. L. was acquitted of all charges. 3 Robberies with a Firearm, Kidnapping and Grand Theft Firearms
    • A prominent businessman, Mr. L. was arrested and charged in Polk County, Florida with Aggravated Assault with a Firearm. That felony carries a three-year minimum mandatory prison sentence. After a thorough investigation by the firm, all charges were dismissed by the Government. Further, the firm successfully restored Mr. L.’s Concealed Firearm License. Aggravated Assault with a Firearm Firearms
    • A prominent doctor, Dr. P. was arrested and charged with 3 counts of Aggravated Assault With a Firearm. Although he faced a mandatory minimum prison sentence, all of Dr. P’s accusations were eventually dismissed by the government. 3 Counts of Aggravated Assault With a Firearm Firearms
    • When Mr. L. contacted the firm, he had been convicted of a Robbery with a Firearm after a jury had found him guilty and sentenced to 30 in years prison. The firm agreed to handle his direct appeal. Arguing prosecutorial misconduct, the appellate court agreed with the attorneys, vacated his 30 year prison sentence and conviction and awarded Mr. L. a new trial. Robbery with a Firearm After a Jury Found Him Guilty and Sentenced to 30 in Years Prison. Firearms
    • Ms. W. was arrested and charged with Armed Robbery and Use of A Firearm During the Commission of a Felony. After the firm conducted extensive consultation with experts and witnesses, the Government agreed not to convict her of any crime and Ms. W. served no time in jail or prison. Armed Robbery and Use of a Firearm During the Commission of a Felony. Firearms
    • At the time Mr. O. met with the firm, he had been convicted of Attempted Murder with a Firearm and sentenced to 30 years in prison. Funk, Szachacz & Diamond was hired as post-conviction counsel. After the firm conducted a thorough investigation, the attorneys presented an alibi witness and cross-examined two defense attorneys and one government attorney at an exhaustive hearing. The firm advocated that Mr. O. had initially received ineffective assistance of counsel. The trial court agreed and consequently, Mr. O.’s conviction and sentence were vacated and he was awarded a new trial. Attempted Murder with a Firearm and Sentenced to 30 Years in Prison Firearms
    • ICC
    • ECCC CETC
    • NACDL
    • 100% Board Certified
    • Brevard County Bar
    • American Inns of Court
    • National Trial Lawyers Top 100
    • World Justice Project
    • Avvo Alan
    • Avvo Kepler

    Contact Us Today

    Entrust your case to a proven and esteemed defense team.
    1. All of our attorneys are certified by the Florida State Bar, making them the only all certified team in the state.
    2. We do not cut corners. Every case is handled with the utmost integrity and complete honesty.
    3. From NASA employees to school teachers, our team has an undeniable track record of success.
    4. We take your case seriously and personally. You deserve diligent representation.
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