20th Nov 2014
In the State of Florida, particularly in Miami and South Florida, there are many serious firearm laws.
Carrying a concealed firearm is a felony punishable by up to five (5) years. Simply storing a gun under the seat of a car, carrying it in a purse or briefcase, or tucked into a waistband can trigger such an arrest.
The carrying or use of a firearm in connection to another offense can carry lengthy minimum mandatory penalties.
Aggravated Assault with Firearm, meaning pointing a gun at someone, is punishable by up to fifteen (15) years in prison and carries a three (3) year minimum mandatory penalty.
Carrying a firearm while committing other offenses like robbery, burglary or trafficking of drugs can make those already serious crimes worse by making them punishable up to a life and may trigger a ten (10) year minimum mandatory penalty. Under the 10/20/Life laws, carrying gun has a ten (10) year minimum mandatory penalty, discharging a gun carries a twenty (20) year minimum mandatory penalty and striking somebody carries a twenty five (25) year to life minimum mandatory penalty.
A person that has been convicted or adjudicated guilty of a felony crime cannot possess a firearm in the State of Florida. Possession of a Firearm by a Convicted Felon is a second degree felony punishable by up to fifteen (15) years in prison and also carries a three (3) year minimum mandatory penalty. This is a very serious crime to be accused of in the Miami/South Florida area.
There can be a variety of defenses to such charges or, if there are mitigating circumstances, a prosecuting office may be willing to waive the stringent minimum mandatory penalties. Even if the accused is in the wrong, the police must follow constitutional procedures in carrying out their investigation. If they do not, a judge may throw out the evidence. There are so many legitimate issues to be investigated in a gun case, making it so essential when having a firearm charge in Miami, to make sure your rights are protected and represented by an experienced defense attorney. Since many times, these cases involve negotiations with supervisors in a prosecuting office, the reputation of the criminal attorney is integral to getting a favorable result.