South Florida Criminal Defense Attorney Identifies Most Common Firearm Offenses

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7th Mar 2017

A South Florida criminal defense attorney may represent individuals who are charged with firearm and other weapon offenses.  Florida law includes a number of different criminal offenses associated with guns and other weapons.  Some of the most commonly charged firearm offenses that a South Florida criminal defense attorney may defend clients against include:

Carrying a Concealed Firearm

This offense includes the elements that an individual knowingly carries a firearm that is concealed from another person’s ordinary sight.  The firearm must be on or about the person’s body for this offense to be charged.

Carrying a Concealed Weapon

A similar offense is that of carrying a concealed weapon.  It has the same elements as carrying a concealed firearm except this offense can be charged if the individual had a weapon other than a firearm.

Improper Exhibition of a Weapon

This crime is committed when a person brandishes a firearm or other dangerous weapon in a manner that is characterized as being threatening, careless or rude.

Possession of a Firearm by a Convicted Felon

Convicted felons are prohibited from possessing a firearm under Florida law.  They can be charged with this offense if they are in possession of, control, cares for or owns a firearm.  An aspect of the case that is directly tied to the individual’s potential punishment is whether the felon was in actual or constructive possession of the firearm.  Actual possession occurs if the felon has the weapon in his or her hand, if the felon has it in his or her hand or so near the felon that it is within easy reach or can be considered to be under the control of the felon.  Actual possession carries a minimum mandatory prison sentence of three years.  Constructive possession is still criminal and occurs when the firearm is in a place where the felon has control over it.