Fighting Gun Charges in Florida: A Guide from Jacksonville Criminal Defense Lawyers
Gun charges in Florida can lead to serious consequences like hefty fines, years in prison, and lifelong impacts on your criminal record. That’s why it’s critical to understand your rights and work with an experienced criminal defense attorney if you’re facing firearms charges. As Jacksonville defense lawyers, we’ve helped many clients fight gun accusations and avoid harsh penalties. This guide will walk through key strategies we use to build a strong defense.
Common Gun Charges in Florida
Florida has some of the strictest gun laws in the U.S., so charges can stack up quickly. Here are some of the most common firearms violations we see:
Illegal Possession of a Firearm
It’s illegal in Florida for convicted felons to own guns unless their civil rights have been restored. Possession of a firearm by a convicted felon is a second-degree felony with up to 15 years in prison. There are exceptions if the gun is an antique or you had no intent to use it unlawfully. An attorney can argue these defenses.
Carrying a Concealed Weapon
You need a permit to carry a concealed gun in Florida. Carrying one without a permit – even if you legally own the gun – is a third-degree felony. There are exceptions for carrying concealed firearms at your home or business.
Improper Exhibition of a Firearm
It’s against the law to exhibit a firearm in a rude, careless, angry or threatening manner. This misdemeanor charge carries penalties like up to a year in jail or probation. Defenses include arguing you weren’t being threatening.
Discharging a Firearm in Public
Randomly firing a gun in a public place or residential area is illegal in Florida. Penalties vary based on if the act was reckless or intentional. Your attorney can argue it was an accident.
Fighting Gun Charges with Legal Defenses
The good news is there are plenty of defenses your criminal defense lawyer can use to fight firearms charges, including:
You Had No Knowledge of the Gun
If a firearm was left in your car or home without your knowledge, you shouldn’t be held responsible. We can argue you never intentionally possessed the weapon.
The Gun is an Antique or Replica
Antique firearms made before 1918 aren’t considered “weapons” under Florida law. You may also be exempt if the gun is an unloaded replica for decoration.
You Have a Valid Permit
If you had a valid Florida concealed carry permit, you may beat a concealed weapons charge. Permits can get lost – we obtain records to prove you had one.
Self-Defense Justification
Using a gun for self-defense is legal in Florida if you reasonably feared death or harm. We’ll gather evidence about the situation to show your actions were justified.
Protection Under Stand Your Ground Laws
Florida’s Stand Your Ground laws give immunity if you used a gun in response to reasonable fear in your home, vehicle, or other places you’re legally allowed to be.
Lack of Criminal Intent
If you never planned to use the weapon unlawfully, you may avoid charges like possession by a convicted felon. We’ll argue you lacked criminal intent.
Strategies for Beating Gun Charges in Florida
Along with legal defenses, our Jacksonville defense attorneys use other key strategies to get firearms charges reduced or dismissed. Here are some we employ:
Negotiating with the Prosecutor
We’ll thoroughly examine any flaws in the prosecution’s case and leverage those weaknesses to negotiate with the prosecutor. Often we can get charges lowered or dropped through this strategy.
Challenging Improper Police Conduct
If police violated your rights by doing things like searching without probable cause, we can file motions to suppress evidence and get charges dismissed.
Presenting Mitigating Circumstances
We’ll conduct a full investigation into what happened and present mitigating circumstances to the court, like if the gun was used for self-defense. This can lead to reduced charges.
Securing Diversion Programs
First-time offenders may qualify for pretrial diversion programs like drug court, which lead to charges being dropped after completion. We’ll advocate for these alternatives to jail time.
Helping Restore Gun Rights
If convicted of a felony, we can guide you through the process of applying for restoration of civil rights so you can legally own guns again.
Sentencing Options if Convicted of Gun Charges
Even if charges aren’t fully dismissed, an attorney can help minimize penalties by pursuing options like:
- Pretrial intervention – Charges are dropped after completing probation and other requirements
- House arrest – Serving sentence from home with electronic monitoring
- Work release – Allowed to work during the day then return to jail at night
- Reduced probation – Shorter probation period with fewer requirements
- Suspended sentence – Jail time is suspended and not imposed unless probation is violated
Reputable Jacksonville criminal defense attorneys have experience negotiating these alternatives to harsh sentences.
Work with a Jacksonville Gun Charge Lawyer Today
Facing gun charges in Florida can be overwhelming. But an experienced attorney can thoroughly analyze your case, build strong defenses, and fight for the best possible outcome. To discuss your options with our Jacksonville firearms charge lawyers, call today for a free case review.