Punta Gorda Gun Violation Defense Lawyers
The Foley & Wilson Law Firm is led by a highly credentialed legal team of former prosecutors with over 45 years of experience in the criminal justice system. Our boutique practice is dedicated to providing clients with the highest level of professional representation, treating each client with dignity and respect. We are committed to delivering exceptional legal services to those facing serious allegations related to concealed and open carry, unlawful possession, and other Florida firearms offenses. Contact our experienced Punta Gorda gun violation defense lawyers today.
Understanding Gun Violation Charges in Florida
Florida has stringent laws regulating the use and possession of firearms. If you are charged with a gun-related offense, it is crucial to understand the specific statutes and potential penalties. Below are some common gun violations in Florida and their corresponding statutes:
Carrying a Concealed Firearm
- Elements of the Offense: Knowingly carrying a concealed firearm on or about one’s person without a valid concealed carry license.
- Degree of Crime: Third-degree felony.
- Penalties: Up to five years in prison, five years of probation, and a $5,000 fine.
Open Carry
- Elements of the Offense: Knowingly displaying or carrying a firearm in a public place.
- Degree of Crime: Second-degree misdemeanor.
- Penalties: Up to 60 days in jail and a $500 fine.
Possession of an Illegal Weapon
- Elements of the Offense: Possessing, selling, or manufacturing a firearm that is illegal under Florida law, such as short-barreled rifles, short-barreled shotguns, or machine guns.
- Degree of Crime: Third-degree felony.
- Penalties: Up to five years in prison, five years of probation, and a $5,000 fine.
Brandishing a Firearm
- Elements of the Offense: Displaying a firearm in a threatening manner, which can cause fear in another person.
- Degree of Crime: Typically a first-degree misdemeanor, but can escalate to a felony if certain conditions are met.
- Penalties: Up to one year in jail and a $1,000 fine for a misdemeanor; penalties increase for felony charges.
Unlawful Discharge of a Firearm
- Elements of the Offense: Discharging a firearm in public or on residential property.
- Degree of Crime: First-degree misdemeanor to a second-degree felony, depending on circumstances.
- Penalties: Up to one year in jail and a $1,000 fine for a misdemeanor; up to 15 years in prison and a $10,000 fine for a felony.
Unlawful Purchase, Sale, or Distribution of Firearms or Weapons
- Elements of the Offense: Engaging in the purchase, sale, or distribution of firearms without proper licensing or background checks.
- Degree of Crime: Second-degree felony.
- Penalties: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.
The Impact of Florida’s 10-20-Life Statute
Florida’s 10-20-Life statute imposes mandatory minimum sentences for certain gun-related offenses:
- 10 years: For pulling a gun during the commission of certain felonies.
- 20 years: For firing a gun during the commission of certain felonies.
- 25 years to life: For injuring or killing someone with a gun during the commission of certain felonies.
These severe penalties highlight the importance of having an experienced criminal defense attorney if you are facing gun-related charges in Florida.
Defenses to Gun Violation Charges
Several defenses may be available to challenge gun violation charges in Florida, including, for example:
Lack of Knowledge
A common defense is that the defendant was unaware they were carrying a firearm, which can be crucial in cases of concealed carry violations.
Valid Permit
If the defendant had a valid permit for carrying a concealed firearm, this could serve as a strong defense against charges under Florida Statutes Section 790.01.
Self-Defense
In cases where the firearm was used for self-defense, Florida’s Stand Your Ground law may provide immunity from prosecution if the use of force was justified.
Improper Search and Seizure
If law enforcement conducted an illegal search or seizure, any evidence obtained may be suppressed, potentially leading to the dismissal of charges.
Mistaken Identity
In some cases, the defendant may argue that they were not the person who committed the alleged offense, supported by alibi evidence or witness testimony.
Contact Foley & Wilson Law Firm for Smart and Effective Legal Representation in Punta Gorda
If you are facing gun violation charges in Punta Gorda, Florida, the Foley & Wilson Law Firm is here to help. Our experienced team of former prosecutors understands the intricacies of Florida’s gun laws and is committed to providing the highest level of professional representation. Contact us today to schedule a consultation and discuss your case.
