Carrying a Concealed Weapon
Many states require people to obtain licenses to carry weapons in a concealed manner. Florida has this requirement. If you carry a concealed weapon without a permit in Broward County, you may face prosecution. These charges may be very serious, and can result in harsh punishments. Experienced Fort Lauderdale gun crime lawyer Evan Hoffman has experience defending against serious weapons charges, and can look closely at your particular situation to help you develop a defense strategy.Carrying a Concealed Weapon
Carrying a concealed weapon — whether a tear gas gun, a slingshot, metallic knuckles or a chemical device — is ordinarily charged as a first-degree misdemeanor. Florida Statutes section 790.01(1) provides that carrying a concealed weapon occurs when somebody knowingly carries on his or her person a weapon or electric weapon or device that’s concealed from others’ ordinary sight. However, even weapons that aren’t usually considered weapons may be treated as deadly weapons under this code section. The jury will look at whether you carried the object as if it were a concealed weapon or not.
Concealed firearms can be located in someone’s pocket, in a holster concealed from another’s view, wedged in a belt, or hidden under clothes. You may also be charged if you were carrying the weapon or firearm in a purse or bag on your person.
Under Florida Statutes section 790.01(2), someone who carries a concealed firearm on or about his person and is not licensed under section 790.06 perpetrates a third-degree felony. You can be imprisoned for up to 5 years and fined up to $5000 for a third-degree felony. A dedicated criminal defense lawyer can evaluate the charges you are facing, and help you develop a plan for building your defense.Sentencing
If you’re charged with carrying a concealed weapon and it’s a first offense, the penalties are not as severe. For first degree misdemeanor convictions, a judge can sentence you to: (1) at most a year in county jail, (2) at most a year of probation, and (3) at most $1000 in fines. However, prior convictions and other circumstances can result in more severe consequences. Although carrying a concealed weapon is usually charged as a misdemeanor, there may be circumstances under which you can be charged with a felony offense and face steeper penalties.Defenses
If you have been arrested and charged, you shouldn’t assume that a conviction for carrying a concealed weapon is assured. There may be pretrial motions that you and your attorney can bring in connection with any potential violations of your constitutional rights as part of your defense. Your carrying the weapon might also fall into an exception in the law. For example, it is permissible to carry a concealed weapon around your house or place of business, where you’re employed or any business organization of which you’re a member. Additionally, you can keep a concealed weapon inside your own vehicle without a permit so long as the weapon is not readily accessible for immediate use or is securely encased. Visitors from out-of-state may be licensed to carry firearms or weapons in Florida, so long as there is reciprocity between Florida and the visitors’ state.
You should be aware that if you were arrested for a distinct felony offense, such as an aggravated battery, during which you were carrying a concealed weapon, you can face charges for both the felony offense and the offense of carrying a concealed weapon.Consult a Seasoned Gun Crime Lawyer in Fort Lauderdale
If you have been arrested for carrying a concealed weapon in or around the Fort Lauderdale area, you can consult a knowledgeable gun crime attorney to begin building your defense. We aggressively defend clients who are accused of firearms and weapons crimes. Mr. Hoffman is a skilled criminal defense attorney who can fight to protect your rights. Call (954) 524-4474 or contact us online to schedule a free, confidential consultation.