weapons charges lawyer
Have You Been Charged With a Weapon Violation?
If you are facing a weapons charge such as unlawful possession of a firearm, unlawful discharge of a firearm, carrying a concealed weapon or other weapons-related offenses we strongly urge you to get professional legal help from our Fort Pierce criminal defense attorney. At Dadan Law Firm, you will find a dedicated and skilled lawyer who will fight hard to protect your rights and your future. We are one of the best law firms that offers representation in Saint Lucie County, Martin County, Indian River County, Broward County, Dade County and Palm Beach County.
Contact us at 772-579-0347.
What Is Defined as a Weapon
According to Florida Statute 790.001 weapon is defined as: any dirk, metallic knuckles, tear gas gun, chemical weapon or destructive device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
An antique firearm manufactured on or before 1918 is excluded.
Common Weapons Charges and Consequences
Illegally Carrying a Concealed Weapon
One of the most common weapon charges is illegally carrying a concealed weapon. In order to carry a weapon concealed on your person in the State of Florida you must have a license. If you don’t have a license and you are caught with a weapon you could face up to 1-year in the county jail and or placed on probation for a period of 1 year.
Carried: is defined as being in your possession, on you or moving with you. Walking down the street with a gun or knife in your pocket would be an example or driving your car with the weapon on the passenger seat.
Concealed: in addition to carrying the weapon it also has to be concealed. This means that the weapon would have had to have been exposed to another person. A weapon sticking out of your pocket would be considered exposed.
Possession of a Firearm by a Convicted Felon
Under Florida Statute 790.23, the crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon knowingly cares for, controls, possesses, or owns a firearm.
The crime of Possession of a Firearm by a Convicted Felon is a Second Degree Felony and is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code. There is a minimum mandatory of 3 years in prison if you are found in actual possession with a maximum sentence of 15 years in prison.
Unlawful Discharge of a Firearm in Public
To prove the crime of Discharging A Firearm in Public in Florida, the prosecution must establish any one of the following elements beyond a reasonable doubt:
- The defendant knowingly discharged a firearm in a public place; or
- The defendant knowingly discharged a firearm on the right of way of a paved road, highway, or street; or
- The defendant knowingly discharged a firearm over the right of way of a public road, the right of way of a highway, the right of way of a street, or over occupied premises.
- See Fla. Std. Jury Instr. (Crim) 10.6.
Penalties for Discharging a Firearm
Discharging a firearm in public carries a maximum sentence of 1 year in the county jail and/or 1-year probation.
It’s important that you call and speak to an attorney today to defend your case and protect your future. Call 772-579-0347 for a free consultation.