How Jacksonville Lawyers Defend Clients Facing Gun Possession Charges
If you’ve been charged with illegal gun possession in Jacksonville, you need an experienced criminal defense attorney on your side. Gun charges can lead to serious penalties like jail time, fines, probation and a criminal record. But an attorney who knows the ins and outs of Florida gun laws can often get charges reduced or dismissed. Here’s an overview of how Jacksonville defense lawyers build cases for clients facing weapons charges.
Understanding Florida Gun Laws
The first thing your attorney will do is analyze the exact nature of the charges against you. There are a number of different gun-related offenses in Florida, each carrying different potential penalties. Some of the most common illegal gun possession charges include:
- Possession of a Concealed Weapon – Carrying a hidden gun without a valid concealed carry permit. This is a third-degree felony punishable by up to five years in prison.
- Possession of a Firearm by a Convicted Felon – Convicted felons are prohibited from owning guns under Florida law. This charge can lead to up to 15 years behind bars.
- Improper Exhibition of a Firearm – Recklessly displaying or threatening someone with a gun. A first offense is a first-degree misdemeanor, while repeat offenses become third-degree felonies.
- Carrying a Concealed Firearm Without a Permit – A first offense carries up to five years in prison. Subsequent offenses can lead to a minimum three year sentence.
So the specific charges will determine the sentencing guidelines your attorney works within. They’ll research the statutes for each offense inside and out.
Looking For Weaknesses in the Prosecution’s Case
Next, your lawyer will aggressively scrutinize the prosecution’s case for any potential weaknesses. For instance, they may challenge whether police had valid “reasonable suspicion” to stop and search you in the first place. If evidence was obtained illegally, your attorney can file a motion to suppress it.
They’ll also examine the specific gun you’re charged with possessing. Was it actually concealed or openly displayed? Is there evidence you physically possessed it or just knew about it? Lack of fingerprints or DNA can undermine the prosecution’s case.
Your lawyer will also leverage any exceptions that apply. For example, it’s legal for felons to possess antique firearms manufactured before 1918. You can also carry guns to and from fishing, camping, target shooting and other lawful activities.
Fighting Charges With Affirmative Defenses
In some cases, your attorney won’t dispute the basic facts. Instead, they’ll admit you possessed a gun but argue you were legally justified. Common affirmative defenses in gun possession cases include:
Self Defense – You carried a concealed weapon because you had a legitimate fear for your safety. The lawyer must prove specific facts about credible threats.
Involuntary Possession – You ended up with the gun against your will. For instance, someone tossed it to you as police approached. Lack of criminal intent is key.
Duress – You were forced to commit the crime against your will through threats of violence. This is difficult to prove in court.
Necessity – You only carried the gun to prevent a greater harm from occurring. This applies in very limited circumstances.
A skilled attorney will leverage any facts about the context of your arrest to show the possession was excusable under the law.
Negotiating with Prosecutors
As a last resort, your lawyer can negotiate with prosecutors to get charges reduced or dropped. A defense attorney who regularly handles gun cases will have working relationships with prosecutors and know what kinds of deals may be on the table.
This often involves trading a guilty plea on a lesser charge in exchange for having the most serious gun possession counts dropped. While not ideal, it’s sometimes the best option for avoiding lengthy mandatory minimum sentences.
Taking Cases to Trial
Of course, if no acceptable plea deal can be reached, your lawyer will aggressively defend your case at trial. They’ll argue to the jury that the prosecution failed to meet its burden of proof, or that your actions were justified under the circumstances. Even police officers called as witnesses can be discredited through tough cross-examination.
While jury trials are unpredictable, an experienced gun crimes attorney knows how to present defenses in the strongest light possible. Just the threat of going to trial can put pressure on prosecutors to make concessions.
Sentencing Mitigation
If you are convicted on gun charges, skilled Jacksonville defense lawyers don’t stop advocating for you. They’ll put together a thorough mitigation presentation highlighting factors that warrant minimized sentencing or alternatives to incarceration.
This can include evidence about your background, mental health issues, addiction problems, lack of criminal history and family circumstances. The goal is to humanize you and show why a lenient sentence is appropriate.
While any weapons charge is serious, the right attorney can make all the difference in how your case plays out. Defending gun cases takes in-depth knowledge of Florida law, razor-sharp litigation skills and negotiating tact. So secure experienced legal counsel right away if you’re facing gun possession charges in Jacksonville. The stakes are simply too high to go it alone.