Michael D. Fluke, P.A. | Criminal Defense Lawyers

Florida Weapons and Guns Charges

If you're involved with weapons and guns, and you've been arrested for violation of a criminal statute for the possession, unlawful discharge or illegal sale of firearms, you face serious legal and financial consequences as a result. Florida has installed 10-20-Life as a gun deterrent. Have a gun during the commission of a crime there is a 10 year minimum mandatory sentence. Fire a gun during the commission of a crime there is a 20 year minimum sentence. Shoot a person during the course of a crime there is a 25 year to Life minimum sentence. As such, you need to understand your rights by contacting a Tampa Bay criminal defense attorney from Michael D. Fluke, P.A. immediately for a full explanation of the options in front of you. Below you'll find a brief explanation of the different potential violations that can occur in relation to weapons and guns, but your attorney will be able to specifically apply the facts of your situation to the law.

Unlawful Possession of a Firearm in Florida

There are specific requirements in place for legally purchasing and owning a firearm in Florida, and if that procedure is not followed properly, you can be charged with unlawful possession of that firearm. The penalty for a conviction under this charge can range from a misdemeanor to a felony and include a heavy fine and prison time in certain circumstances. Felon's may not carry firearms in Florida. A Felon in Possession of a Firearm charge comes with a minimum 3 year sentence even if no crime is being committed.

Illegal Sale of a Firearm in Florida

Florida requires a licensed gun dealer to follow specific procedures with any sale of a gun or weapon, and generally speaking, these requirements include a waiting period before a gun is delivered and a criminal background check on the prospective purchaser of said gun. If these regulations are not followed specifically, a licensed dealer can lose the license and an unlicensed dealer can be charged with a serious felony depending on the number of guns sold and now those guns were obtained.

Unlawful Discharge of a Weapon in Florida

There is more than one specific situation in which this charge can be brought on a defendant. If a weapon is discharged in a public place illegally, the shooter is charged with a first degree misdemeanor, assuming the defendant has no prior criminal record. If a weapon is unlawfully discharged from a vehicle within 1,000 feet of any person, the defendant is charged with a second degree felony.

Overall, there are many more examples of criminal charges that can be brought that relate to weapons and guns in Florida. Factors that are always relevant with any weapons-related charges include criminal history, the time and place where the offense occurred, the amount of weapons involved and the intentions of the defendant or defendants.

Regardless of your particular situation, you face a serious legal problem if you've been charged with a weapons-related offense in Florida. The best way to deal with this problem is to consult with and retain a Tampa Bay criminal defense attorney from Michael D. Fluke, P.A. as he will be able to guide you through the legal process and explain your options in detail.

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