Possessing or Discharging a Weapon on School Property: What You Need to Know
Getting arrested for possessing or discharging a weapon on school property in Coral Gables can lead to serious criminal charges. As a student or parent, it’s important to understand the laws, potential penalties, and legal defenses. This article provides an overview of the key issues and how an experienced criminal defense lawyer can help.
Laws Regarding Weapons at Florida Schools
Florida law takes a hardline stance on weapons at schools. Under Florida statute 790.115, it is illegal to possess or discharge any weapon or firearm on school property, including:
- Handguns, rifles, shotguns, and other firearms
- Knives, swords, spears, and other edged weapons
- Explosives like firecrackers or fireworks
- Any item used as a weapon, like bats, pipes, or nunchucks
The law applies to any school or school-sponsored event, including public, private, and charter schools. Violating it is a third-degree felony in Florida, punishable by up to five years in prison and a $5,000 fine.
There are a few exceptions – school-sanctioned activities like ROTC, law enforcement officers, and securely encased weapons in vehicles, for example. But in general, the law aims to create weapon-free zones at all Florida schools.
Penalties for Weapons Charges in Coral Gables
As a felony charge, possessing a weapon on school grounds has severe penalties. Specific punishments depend on your criminal history and the facts of the case, but can include:
- Up to 5 years in state prison
- Fines up to $5,000
- Probation or community control
- Permanent criminal record
Because Florida has mandatory minimum sentencing for gun crimes, even first-time offenses often result in a 3-year minimum prison sentence. The State Attorney’s Office in Miami-Dade County aggressively prosecutes these charges, so the consequences are very real.
For juveniles, penalties can include commitment to a juvenile detention facility until age 21. Expulsion or suspension from school is also common. The impacts on a student’s future are devastating.
Defenses a Coral Gables Criminal Lawyer Can Raise
While the penalties are harsh, experienced criminal defense lawyers can often get charges reduced or dismissed. Common defenses in weapon possession cases include:
- Lack of knowledge – if you didn’t know the item was in your bag or vehicle, you may not have knowingly possessed it.
- Self-defense – if you brought the weapon to defend yourself from a credible threat and did not use it inappropriately.
- Coercion – if someone else forced you to bring the weapon to school against your will.
- Misidentification – if you were mistakenly identified and didn’t actually possess the weapon.
- Illegal search – if the search violated your 4th Amendment rights and the evidence should be suppressed.
An attorney can also negotiate with the prosecution for reduced charges or pre-trial diversion programs, especially for first-time offenders. While these cases are challenging, an experienced lawyer can often achieve better outcomes than you could on your own.
Finding the Right Lawyer for Your Case
If you or your child is facing weapons charges in Coral Gables, finding the right lawyer is critical. Look for an attorney who:
- Has extensive experience with Florida gun and weapons charges – laws are complex and constantly changing, so choose someone familiar with the local courts and prosecutors.
- Understands the student disciplinary process – they should be able to advise on both criminal penalties and school expulsion proceedings.
- Will thoroughly investigate the facts – police reports may contain errors or omissions an attorney can uncover.
- Has a track record of positive case results – don’t just take their word for it, ask for specific examples of charges reduced or dismissed.
- You feel comfortable with – you need someone you can be open and honest with to build the best defense.
With an experienced criminal defense lawyer, you can minimize penalties and protect your student’s future. Don’t take chances with public defenders or less qualified attorneys. The costs of a conviction are simply too high.
Conclusion
Weapons charges can derail a student’s education and future career prospects. But with an understanding of Florida law and a strategic legal defense, outcomes can often be made much less severe. If you or a juvenile is facing prosecution for possessing or discharging a weapon at a Coral Gables school, time is of the essence. Consult with a qualified attorney as soon as possible about mounting an effective defense against these very serious allegations. With the right lawyer on your side, you can potentially avoid the worst penalties – and give your student the chance to move forward with their life.