Cape Coral Gun Violations Defense Lawyers
At Foley & Wilson Law Firm, we bring over 45 years of experience in the criminal justice system, including the unique insights of former prosecutors, to defend clients facing serious allegations such as violations of Florida’s strict gun laws. Our legal team is dedicated to providing top-tier professional representation, ensuring each client is treated with dignity and respect. Weapons charges are not to be taken lightly, as they can result in serious consequences in and of themselves or add years to a conviction for certain other offenses. Don’t delay in getting skilled legal help when you are facing gun crime charges. Contact our experienced Cape Coral gun violations defense lawyers today.
Overview of Florida Gun Laws
Florida’s gun laws are primarily codified in Chapter 790 of the Florida Statutes. These laws are comprehensive, covering a range of offenses from carrying concealed firearms to the unlawful discharge of a firearm. Unfortunately, the line between lawful and responsible gun ownership and weapons charges is not always clear, and alleged offenses are vigorously pursued. Understanding these laws is crucial for those facing charges related to gun violations in Cape Coral.
Carrying a Concealed Firearm
In Florida, carrying a concealed firearm without a proper license is a criminal offense. Under sections 790.01 and 790.013, a person must have a license to carry a concealed firearm. The elements that must be proven for a conviction include the possession of a firearm and the lack of a valid concealed carry permit or the ability to obtain a license. Violation of this law is a third-degree felony, potentially leading to prison, fines, or both if convicted.
Open Carry
Section 790.053 addresses open carry in Florida. It is generally illegal to openly carry firearms. Exceptions exist, but they are limited. Violating this provision can result in misdemeanor charges, carrying potential jail time and fines.
Unlawful Possession
Unlawful possession encompasses possessing a firearm when legally prohibited, such as by convicted felons or minors. Penalties vary based on the circumstances, but they can be severe, often involving significant jail time.
Possession of an Illegal Weapon
This offense includes possessing weapons that are illegal in Florida, like certain types of firearms or modifications. Convictions can lead to serious consequences, including felony charges.
Brandishing a Firearm
Brandishing, or improperly displaying a firearm in a threatening manner, is illegal under Florida law. This act can escalate to aggravated assault charges, especially if it causes fear in others.
Unlawful Discharge of a Firearm
Discharging a firearm in public or on residential property recklessly is prohibited. Penalties depend on the situation, including the presence of people and property damage.
Unlawful Purchase, Sale, or Distribution of Firearms or Weapons
Illegal transactions involving firearms are serious offenses. This crime includes selling firearms to prohibited persons or without proper licenses. Penalties vary, but significant fines and imprisonment are common.
Florida’s 10-20-Life Statute (775.087)
A critical aspect of Florida’s gun laws is the 10-20-Life statute. This law mandates minimum sentences for crimes committed with a firearm. The statute stipulates:
- A minimum of 10 years for possession of a firearm during certain felonies.
- A minimum of 20 years if the firearm is discharged.
- A minimum of 25 years to life if someone is injured or killed.
If the prosecutor is adding a weapons enhancement to other felony charges, it is critical to get experienced legal help on your side at the earliest stage to deal with the potential consequences strategically and appropriately.
Possible Defenses of Gun Crime Charges in Cape Coral
At Foley & Wilson Law Firm, we understand the complexities of gun law charges and the range of defenses that might be available based on the specifics of each case. These can include challenging the alleged unlawful possession, arguing for lawful self-defense, disputing the facts of the case, or raising constitutional questions regarding unlawful search and seizure or other violations in the arrest. Each defense is tailored to the unique circumstances of our clients.
Contact Foley & Wilson Law Firm for Help With Alleged Cape Coral Gun Violations
Navigating Florida’s gun laws can be complex and serious, especially when facing felony charges. At Foley & Wilson Law Firm, our experienced team is committed to providing the highest level of legal expertise and representation. If you’re facing gun violation charges in Cape Coral, contact us for a free consultation to discuss your legal options and rights under Florida law.
