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You can own and carry firearms in Florida but there are laws in place dictating what you can and cannot do. In particular, open carry of guns or weapons is illegal in Florida. You must have a license and practice concealed carry. If you run afoul of these laws, you will be charged with a crime.
Gun or weapon charges in Florida are divided into gun or weapon offenses and gun or weapon enhancements of other offenses. If you are found in possession of a gun or weapon without a valid license, or you bought or used a gun or weapon illegally, you will be charged with a gun or weapon offense. If you are carrying a gun or weapon while committing another crime, you will be charged with a gun or weapon enhancement to the other crime.
Our firm is experienced in defending clients charged with gun offenses and gun enhancements. We will conduct thorough discovery and explore all possible avenues to defend your case all the way to trial. If you need a south Florida gun defense attorney, call us today at (305) 358-8003.
Common Gun Offenses
- Under Florida statute 790.06, a person found carrying a concealed electric weapon or device without a license may be charged with a misdemeanor. A person who provides a minor under the age of 16 with access to a loaded weapon will also be charged with a misdemeanor.
- A person found carrying a concealed firearm or device without a license will be charged with a 3rd degree felony which is punishable according to the 5-5-5 rule with up to 5 years in prison, 5 years on probation, and $5,000 in fines. Possessing or using a gun at a school also carries the 5-5-5 penalty.
- If you have been convicted of a crime and already served time, you need to exercise extra caution. If you are found to possess a gun or weapon as a convicted felon you will be charged with an additional felony carrying a sentence of up to 15 years in prison, 15 years on probation, and $10,000 in fines.
- If you move to Florida, you are allowed to carry a gun or weapon in Florida if you have a valid gun license from another state for up to 90 days but must obtain a license in Florida to continue carrying. If you fail to obtain a Florida license but continue carrying beyond the 90 day period you may be charged with a misdemeanor.
Common Gun Enhancement Offenses
- Aggravated assault while in possession of a firearm is a gun enhancement offense that carries up to a 3-year prison term.
- Armed robbery is a gun enhancement offense. If you commit a robbery (link) while carrying a gun or weapon, you will be charged with robbery and with a gun enhancement because you were carrying the gun or weapon while committing another crime. Armed robbery is considered first-degree robbery and if you are convicted of armed robbery you will be sentenced under the Florida 10-20-Life Law.
Florida 10-20-Life Law
The Florida 10-20-Life law concerns the use of firearms during commission of a felony. It is a mandatory minimum sentencing law under which offenders must be given the maximum sentence for the felony committed under this law, and the sentence must be completed consecutively with any other sentence imposed. The three sentencing terms under the law are 10 years, 20 years, and 25 years to life, making it the 10-20-Life Law.
- If you possess and show a firearm during the commission of certain felonies there is a mandatory 10-year minimum prison sentence.
- If you fire a firearm there is a mandatory 20-year minimum prison sentence.
- If you shoot another person there is a mandatory 25-years-to-life sentence whether the victim is killed or merely injured.
- A life sentence is the maximum penalty unless you are charged with either felony murder or first-degree murder. These crimes carry the death penalty in Florida.
If you are charged with aggravated assault or armed robbery in Florida, you need an experienced Florida gun defense attorney to represent you. Call our office today at 305-358-8003.
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