Gun Rights Attorneys Serving Broward County
ACCUSED OF A GUN CRIME IN BROWARD COUNTY, FL?
Florida's gun laws encompass various regulations, from the requirements to purchase a firearm to the legalities of carrying and discharging it. The rules dictate where you can legally carry a gun, how it must be stored, and under what circumstances it can be used. Violating these laws, even unintentionally, can result in serious criminal charges with severe consequences. Navigating this intricate legal landscape requires experienced firearm lawyers well-versed in gun regulations.
At Hager & Schwartz, P.A., our Fort Lauderdale gun crime lawyers bring a unique advantage to your defense. As former prosecutors, we have insider knowledge of the prosecution's strategies and understand how to counter them. Our extensive experience handling difficult and complex cases equips us to tackle even the most challenging situations. We pride ourselves on keeping our clients fully informed throughout the legal process, empowering them to make strategic decisions every step of the way.
The sooner you engage a knowledgeable gun rights lawyer, the sooner they can build your defense.
Contact us at (954) 289-9263 to discuss your case with an experienced firearm attorney. We're here to provide strategic defense for our clients.
Navigating Florida’s Firearm Regulations
Florida's gun laws balance the rights of lawful firearm owners with the need to ensure public safety.
Under Florida Statutes § 790.065, firearm dealers must conduct thorough background checks before selling or transferring a firearm. This requirement ensures that only eligible individuals can legally purchase guns.
Understanding the terminology associated with gun offenses can help demystify the legal process:
- Concealed carry: Carrying a hidden firearm on one’s person.
- Open carry: Visibly displaying a gun in public.
- Unlawful possession: Refers to the illegal ownership or carrying of a firearm. Illegal ownership can include owning a gun as a prohibited person (e.g., felon) or carrying a weapon in a restricted area.
Our experienced gun offense attorneys are well-versed in the intricacies of Florida's firearm statutes, allowing us to provide knowledgeable and compassionate legal support.
Types of Gun Charges in Florida
Whether you are facing allegations of illegal possession, improper carrying, or other gun-related offenses, having an experienced Florida gun lawyer by your side is crucial to building a robust defense.
Our dedicated Florida gun rights attorneys can protect your rights and guide you through the legal process with empathy and skill.
We defend against various types of firearm charges, including:
- Illegal possession of a firearm: Illegal possession encompasses scenarios where an individual unlawfully holds a gun. Prohibitions apply to:
- Convicted felons: Under Florida Statutes § 790.23, individuals with felony convictions are prohibited from owning or possessing firearms. A violation of this statute is a second-degree felony.
- Domestic violence offenders: Florida Statutes § 790.233 prohibits a person with a domestic violence protection order issued against them from having a gun. A violation is a first-degree misdemeanor.
- Violent career criminals: A violent career criminal is someone convicted three or more times of forcible felonies or other specified offenses. Florida Statutes § 790.235 prohibits such persons from owning or possessing guns. A violation is a first-degree felony.
- Mental health restrictions: According to Florida Statutes § 790.064, individuals deemed mentally defective or those admitted to a mental institution are prohibited from owning firearms.
- Risk protection orders: Florida Statutes § 790.401 prohibits individuals subject to risk protection orders from possessing firearms. A violation of this statute is a third-degree felony, with penalties that include fines and imprisonment.
- Carrying a concealed weapon: Under Florida Statutes § 790.01, Florida is a permitless concealed carry state. Individuals legally eligible to own a firearm and meet all other criteria can carry a concealed weapon without obtaining a state-issued permit. However, obtaining a Concealed Weapon or Firearm License (CWP) remains advantageous for those who wish to carry concealed firearms in other states that recognize Florida permits or offer reciprocity.
- Improper exhibition of a firearm: Florida prohibits the open carry of firearms in public areas under Florida Statutes § 790.053. While brief displays of a firearm to another person are permitted, any open carry intended to intimidate or carry in an angry or threatening manner is unlawful. Such actions can result in a second-degree misdemeanor.
- Discharging a firearm in public: Discharging a firearm in public areas is illegal under Florida Statutes § 790.15. Engaging in such behavior is a first-degree misdemeanor. Additionally, discharging a firearm from a vehicle within 1,000 feet of a person elevates the offense to a second-degree felony.
Florida's gun laws are intricate and often subject to updates, making it challenging for individuals to remain compliant and defend against gun-related charges without professional legal assistance. Whether you're accused of illegal possession, improper carrying, or any other gun offense, securing a knowledgeable Florida gun rights attorney is essential.
The Consequences of Gun Crime Convictions
Facing a gun crime conviction in Florida is not merely a legal challenge—it can dramatically alter the course of your life. The gravity of gun-related offenses means the penalties are substantial, extending beyond immediate legal repercussions to long-term personal and professional consequences.
Immediate Penalties: Imprisonment and Fines
Gun crime convictions in Florida carry penalties that vary based on the nature and severity of the offense.
For instance:
- Second-degree felony: Illegal firearm possession, as outlined in Florida Statutes § 790.23, is a second-degree felony. Conviction can result in up to 15 years in prison.
- Misdemeanors: Lesser offenses, like improper exhibition of a firearm, are treated as second-degree misdemeanors, punishable by up to 60 days in jail and fines up to $500.
Long-Term Impacts: Criminal Records, Employment Challenges, and Legal Limitations
A gun crime conviction results in a criminal record, which can have far-reaching implications. Criminal records are typically public, making it difficult to conceal past offenses.
Employment prospects can be severely limited following a gun crime conviction. Many employers conduct background checks and may disqualify candidates with gun-related felony convictions, especially in roles requiring trust and responsibility.
The consequences of a gun crime conviction extend well beyond the courtroom, affecting every facet of your life. Navigating the complexities of Florida's legal system requires a deep understanding of gun laws and a compassionate approach to defending your rights and future.
Defense Strategies for Firearms Charges
Facing firearms charges in Florida is a daunting experience that can have profound implications. Whether you're accused of illegal possession, improper carrying, or other gun-related offenses, mounting a robust defense is crucial to safeguarding your rights and pursuing a just outcome. At Hager & Schwartz, P.A., our defense attorneys handle firearms charges defense.
Possible arguments that can be raised against charges include:
- Self-defense
- Wrongful accusations
- Constitutional violations
Even if charges are substantiated, certain mitigating factors can influence the severity of the penalties. These circumstances can demonstrate to the court that you pose a lower risk or that justifiable reasons for leniency are present.
Common mitigating factors include:
- Lack of prior criminal history
- Cooperation with law enforcement
- Personal circumstances like mental health issues or substance abuse problems
Choose Us for Your Gun Crime Defense
Every gun crime case is unique, and a one-size-fits-all approach does not suffice. At Hager & Schwartz, P.A., we provide personalized legal strategies tailored to the case circumstances.
From the moment you reach out to us, we prioritize your needs by offering swift responses and initiating your defense without delay once hired. Our commitment to personalized attention allows you to receive dedicated support throughout the legal process, helping you make informed decisions and feel confident that your defense is in capable hands.
Contact us at (954) 289-9263 to speak with a Fort Lauderdale gun crime lawyer who can provide the defense you deserve.
Gun Crimes FAQs
You may have some concerns and uncertainties if charged with a gun crime. Below, we address some of the most frequently asked questions to provide clarity and support as you face these serious legal challenges. Our experienced Florida gun crime lawyers are here to help if you have additional questions or need personalized assistance.
While Florida does not require a permit to purchase or possess rifles, shotguns, or handguns, all firearm transactions must comply with Florida Statutes § 790.065, which mandates background checks conducted by licensed dealers before the sale or transfer of a firearm.
Florida allows individuals to carry a concealed firearm without a permit, provided they meet all eligibility criteria. Thus, if you are legally allowed to own a gun and do not fall under any prohibited categories (such as being a convicted felon or having certain mental health restrictions), you can conceal carry a firearm without obtaining a state-issued permit.
Unlike some states, Florida does not permit the open carry of firearms in public, regardless of whether you have a permit. Open carry refers to visibly carrying a firearm in public spaces, and attempting to do so can result in unlawful possession charges.
To restore your firearm rights, you must apply through the Florida Department of Agriculture and Consumer Services or seek a pardon from the Governor. This process typically requires demonstrating rehabilitation and good moral character since your conviction.
You must wait eight years after completing your sentence or supervision before applying for the restoration of your gun rights.