Firearm / Weapons Offenses
Firearm and weapon offenses in Florida can result in severe consequences, and those who are prosecuted often did not realize they were committing an illegal offense. For example, some prior convicted felony offenders are not permitted to possess a firearm, and even prior convictions for some offenses that are not felonies can result in a lifetime firearm possession ban. Also, the definition of a weapon in Florida is very broad, and can include knives, switchblades, pocket knives, pistols, revolvers, shotguns, rifles, machetes, razors, nun chucks, throwing stars and slingshots. Some of the most commonly prosecuted firearm charges in Orlando are:
Orlando Weapons Charge Defense Attorney
The attorneys at Hale, Hale & Jacobson can help you avoid harsh penalties and severe repercussions for your firearm or weapons charge in Orlando, Florida. Maria D. Hale and Richard O. Hale are experienced attorneys and knowledgeable in all areas of Florida criminal defense, including firearm and weapon charges. Contact the law office of Hale, Hale & Jacobson at (407) 425-4640 for a consultation about your weapon charge today.
Orlando Firearm and Weapon Information Center
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Firearm and Weapon Offenses in Florida
- Carrying a Concealed Weapon – F.S. § 790.01:
A person in Florida who wants to carry a concealed weapon anywhere in public besides their home or business is required to apply for and be granted a Concealed Weapons Permit (CWP). Someone who does carry a concealed gun or weapon in public that does not have a CWP can be charged with this offense.
- Improper Exhibition of a Weapon – F.S. § 790.10:
This offense occurs when a person brings a weapon out or shows a weapon to another person in public in a threatening, rude, angry or careless manner that is not an action of self defense.
- Possession of a Firearm by Convicted Felon – F.S. § 790.23:
Convicted felons in Florida, whose conviction could have resulted in a sentence of imprisonment for at least one year, or those convicted of felonies in other states are banned from owning or possessing firearms.
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Penalties for Firearm and Weapon Charges in Florida
Someone who is charged with and convicted of Carrying a Concealed Weapon that is not a firearm or Improper Exhibition of a Weapon can face jail time and/or fines. These offenses are misdemeanors of the first degree, and maximum penalties can include imprisonment in jail up to one year and/or fines not more than $1,000.
A conviction for Carrying a Concealed Weapon that is a firearm is a felony of the third degree, and maximum penalties can include imprisonment up to five years in state prison and/or fines not exceeding $5,000.
Possession of a Firearm by Convicted Felon is a felony of the second degree, and maximum penalties can result in imprisonment in state prison for up to 15 years and/or fines not in excess of $10,000. If the offender was previously convicted of a gang-related felony, the maximum punishments will be more severe.
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Florida’s 10-20-LIFE Armed Crimes Penalty Statute
According to Florida Statutes § 775.087, people who commit a crime with weapons or firearms are required to serve specific minimum prison sentences. Florida’s law is one of the toughest gun-crimes laws in the nation, and requires offenders who commit a crime with a weapon to serve an additional prison sentence to the crime they committed. The prison sentence cannot be served concurrently, or at the same time, as other prison sentences, and will be served after the completion of any other prison sentences. The 10-20-LIFE weapons statute also imposes the following minimum prison sentences:
- Commission of a felony or attempted felony with a firearm – Minimum 10 years in Florida prison
- Firearm was discharged during the commission of a felony – Minimum 20 years in Florida prison
- A person was injured or killed during the commission of a crime with a firearm or weapon – Minimum 25 years to life in Florida prison
- Possession of a firearm by a previously convicted felon – Minimum 3 years in Florida prison
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Defenses to Firearm and Weapons Charges in Florida
If you have been charged with a weapon or firearm offense in Orlando, your criminal defense attorney will hear the facts of your particular case and determine if there are any defenses applicable to your situation, or mitigating factors that can reduce your offense to a less serious criminal charge. A few common defenses to firearm and weapons charges are:
- Carrying a Concealed Weapon – If someone has been charged with this offense, a d defense to the charge is if their firearm was encased in a holster in a closed glove compartment or closed console of their car. A CWP is not required if a person has a firearm in these places. Also, Florida laws permit citizens to carry a stun-gun, two ounces or less of chemical sprays or other non-lethal weapons for self-protection. Therefore, a person cannot be charged with or convicted of Carrying a Concealed Weapon if they are carrying these specific items.
- Improper Exhibition of a Weapon – Someone who has been charged with this crime could have taken the weapon out to use for self defense. Also, the alleged offender could have displayed the weapon, but it was not in a threatening manner or in a way that created unreasonable risk of injury to others.
- Possession of a Firearm by Convicted Felon – A person who is a previously convicted offender, and has been charged with this offense can avoid a conviction for this offense if they have had their civil rights and abilities to possess a firearm restored.
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Orlando Resources for Firearm and Weapons Charges
National Rifle Association – The National Rifle Association (NRA) is promoted to civilian firearms education throughout the nation, and is the nation’s leading advocate for citizens’ Second Amendment rights.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – The ATF is a national law enforcement agency that is dedicated to protecting United States citizens and local communities from violent crimes, criminal organizations, acts of terrorism, the illegal use of alcohol and tobacco items, and the illegal use and trafficking of firearms.
Florida Department of Law Enforcement (FDLE) – The FDLE is a Florida governmental agency that promotes the public safety of citizens by preventing offenses committed with firearms, and investigating alleged criminal offenses. The Orange County regional Department of Law Enforcement is located at:
Orlando Regional Operations Center
500 West Robinson Street
Orlando, Florida 32801-1771
Phone: (407) 245-0888
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Hale, Hale & Jacobson | Orlando Weapon Arrest Attorney
Contact the law office of Hale, Hale & Jacobson to discuss the facts of your particular firearm or weapon charge in Orlando, Florida. The attorneys at the law office of Hale, Hale & Jacobson will make every effort to find applicable defenses or mitigating factors that will reduce your charges or even have them dismissed. Contact Hale, Hale & Jacobson at (407) 425-4640 for a consultation about your firearm or weapon offense in Orange County and the surrounding areas, including Orlando, Seminole County, Osceola County, Winter Park and Kissimmee.