Firearm and Weapon Offenses
In Florida, there are a number of acts involving firearms and weapons that prosecutors charge as crimes. These include carrying concealed weapons or firearms, possessing firearms as a convicted felon, improper exhibition of a dangerous weapon or firearm, and possession or discharge of a destructive device. When a firearm or weapon is used in the commission of certain crimes, you may face sentencing enhancements like those found in the 10-20-Life law. Usually a sentencing enhancement involves increased penalties or the imposition of a mandatory minimum prison sentence because a firearm or weapon was used. A seasoned Fort Lauderdale gun crimes attorney can help you protect your rights if you are facing charges related to a firearm or weapon offense.Firearm and Weapon Offenses
One of the most common firearm or weapons offenses is the crime of carrying a concealed firearm, which is prohibited under Florida Statutes section 790.01(2). A prosecuting attorney will charge this if you knowingly carried a firearm that was concealed on or about your person. For carrying a concealed firearm, you can face a maximum of 5 years in prison, 5 years of probation, and a maximum of $5000 in fines.Felon in Possession
If you were convicted of another felony and then possess a firearm knowingly, or else knowingly have in your care a firearm, control the firearm, or own the firearm, you can face a charge of possession of a firearm by a convicted felon under Florida Statutes section 790.23. You can be charged whether you actually possessed the firearm or just constructively possessed it. However, if convicted of actual possession, you can face a mandatory minimum sentence of 3 years in prison. Actual possession is involved if a firearm is in your hand or on your person or in a container in your hand or on your person, or else so close its within ready reach and under your control. Constructive possession happens where a firearm is in a place over which you have control as the accused, or where you’ve concealed it.Improper Exhibition of a Weapon
Under Florida Statutes section 790.10, you can be convicted of improper exhibition of a weapon if you exhibit a firearm or dangerous weapon to someone else in a careless, angry, rude, or threatening way. This crime is charged as a first degree misdemeanor. If convicted, you can face a maximum of one year in jail, 12 months of probation and a fine of $1000.Possession or Discharge of a Destructive Device
You can face a conviction for possession or discharge of a destructive device under Florida Statutes section 790.161 if you willfully and illegally possess, make, project, throw, discharge, or place a destructive device, or try to do any of these activities with a destructive device. Destructive devices include a wide range of things. Among these are bombs, rockets, mines, grenades, missiles, pipe-bombs, and the like that contain explosives. Destructive devices also include frangible containers containing incendiaries, explosives, and other destructive things. It includes devices that have been declared destructive devices by the Bureau of Alcohol, Tobacco, and Firearms. There are certain aggravating factors associated with this charge, such as intending to damage property, cause bodily injury, kill someone, or actually damage property or injure someone’s body.Enhancements
You may face a sentencing enhancement if you perpetrate another crime using weapons or firearms. For example, you can face a mandatory minimum prison sentence if you carried, discharged, or shot or killed somebody with a firearm while perpetrating certain specified violent crimes.Consult an Experienced Gun Crimes Attorney in Fort Lauderdale
If you are facing firearm and weapons offenses in Fort Lauderdale or somewhere else in Broward County, you can call The Hoffman Firm at (954) 524-4474 or contact us online for a free, confidential consultation. Mr. Hoffman is a tenacious criminal defense lawyer who can evaluate a client’s case to figure out what the most appropriate strategy under their particular circumstances. Mr. Hoffman represents clients in state and federal cases in areas like Sunrise, Davie, Deerfield Beach, Plantation, and Pembroke Pines.