Miami Possessing or Discharging a Weapon on School Property Lawyers
Living in Miami, we all know how seriously they take weapons offenses, especially on school grounds. I get it – everyone just wants kids to feel safe at school. But sometimes good people make mistakes or get caught up in misunderstandings. If you’re dealing with charges related to possessing or discharging a weapon on school property in Miami, this overview is for you. I’ll walk through the common charges, potential defenses, and what to expect working with a local criminal defense lawyer. My goal is to help you understand your options if you’re facing prosecution.
The Charges
There are a few main criminal statutes in Florida that apply to weapons on school grounds. The severity depends on the details of your specific case.The most serious is probably ‘possessing a firearm on school property’ under Florida Statute 790.115. This can be charged as a third-degree felony just for possession, even if you don’t actually use or intend to use the weapon. Prosecutors may claim you ‘discharged a firearm’ on school grounds under FS 790.15 if you actually fired a gun, which bumps it up to a second-degree felony. Other charges like ‘possessing a concealed weapon’ under FS 790.01 can also apply.The bottom line is that these charges are taken very seriously in Miami. The minimum penalties can include thousands in fines, years behind bars, and lifelong loss of gun ownership rights. So if you’re facing prosecution, it’s critical to have an experienced criminal defense lawyer in your corner.
Common Defenses
The good news is that there are often strong defenses in weapons possession cases, even when the facts seem damning at first glance. A skilled Miami criminal attorney will thoroughly examine the details of your arrest and build defenses to get charges reduced or dismissed.For example, illegal searches are a common defense. If you were arrested after security or police unlawfully searched your bag or vehicle without consent or probable cause, the entire case could get thrown out due to Fourth Amendment violations. Entrapment is also possible, like if an undercover cop pressured you into bringing a weapon on campus. There are also technical defenses related to lack of knowledge, like if the weapon was left accidentally in a bag or vehicle unbeknownst to you.The lawyers may also argue you never actually ‘possessed’ the weapon under Florida law. For example, if it was found in a friend’s bag without your knowledge. Or they could argue there’s no evidence you intended to harm anyone, which could lead to reduced charges. The point is, don’t assume you have no options just because you’re arrested. Fight the charges with an attorney.
Working with a Miami Weapons Charge Lawyer
If you or a loved one are facing prosecution related to possessing or discharging a weapon on school grounds, it’s critical to have an experienced criminal defense lawyer on your side. Their job is to protect your rights, build the strongest defense, and negotiate for reduced charges or a dismissal if possible.I’d recommend looking for attorneys and firms in Miami that specialize in weapons charges specifically. Check their case results and client reviews to see if they have a strong track record getting charges reduced or dropped in cases like yours. Meet with a few options to discuss your case details and go with the lawyer you feel most confident in.Costs vary, but expect to pay a retainer fee upfront, and additional legal fees over the course of your case. The exact price will depend on the complexity of your defense and how far the case proceeds. But the investment is well worth it to avoid harsh mandatory minimums in Florida. Don’t take chances representing yourself against experienced prosecutors.
What to Expect Moving Forward
If you do face prosecution, know that the process may take many months to resolve. After your arrest and bail hearing, your lawyer will receive evidence from prosecutors during the ‘discovery’ phase. They’ll then build defense strategies to have charges reduced or dropped before it reaches trial.Over 90% of criminal cases end in plea bargains, so you’ll likely be offered a deal. Your lawyer will negotiate to minimize penalties, which could mean lighter charges, probation instead of prison, or other concessions. If you can’t reach an agreement, then your case would proceed to trial. Your attorney will defend you before a judge and jury for the best possible outcome.The waiting and uncertainty is stressful. But do your best to stay positive day-to-day, follow your lawyer’s advice, and trust in the justice system. With an experienced attorney fighting for your rights, there is hope for the charges to be reduced or dismissed. Don’t lose faith.
Final Thoughts
Weapons charges strike fear into any defendant, especially when schools are involved. But you have options, so don’t panic or lose hope. Take a deep breath and focus on finding the best legal representation possible. An experienced Miami criminal defense lawyer can carefully examine the evidence, build defenses, negotiate with prosecutors, and advocate for your rights every step of the way. There’s still an opportunity to avoid harsh mandatory minimums, even for serious charges like possessing or discharging a firearm on school grounds. With the right legal strategy and a bit of luck, this may just become a distant memory. So stay strong and keep fighting forward one day at a time.