19th Nov 2019
Most residents of Florida are not aware of specific firearm offenses and how to easily avoid them. A South Florida criminal defense attorney with experience in this subject can explain the laws and what possible penalties can be imposed upon a conviction. A suspect of a firearm offense should consult a South Florida criminal defense attorney to understand the possible consequences and to seek legal help with the ordeal.
Specific Firearm Offenses
Florida laws prohibit certain actions related to firearms. Criminal charges may result for any of the following acts:
- Carrying a concealed gun
- Illegal possession of a firearm
- Possession of an illegal gun
- Illegal purchase of a weapon
- Unlawful sale or distribution of a firearm
- Using or improperly discharging the gun in certain areas
- Using a firearm during a crime
Some penalties are harsher than others, depending on several factors such as the level of harm inflicted, whether anyone was injured and the extent of property damage.The defendant’s criminal history is also relevant to the possible punishment.
Most firearm offenses are charged at the felony level. Some of these offenses are linked to a possible penalty of 1 to 5 years in prison. Other firearm offenses carry possible prison terms of between 20 and 25 years. Many of these offenses may also result in a fine of up to $5,000.
The primary defense for firearm charges is lack of intent. This legal theory states that the defendant person did not intend to set off the gun, purchase one illegally or carry it without a permit on hand. Proving lack of intent is crucial in many cases. Additionally, the defendant’s lawyer can argue to exclude evidence if the search or seizure of the weapon was illegal or performed improperly. Without this evidence, the prosecution’s case is much weaker.