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Florida Gun Charges and Penalties

Many Floridians have strong feelings about firearms possession. But, because of the technicalities concerning Florida’s weapon and firearm laws, people can easily find themselves on the wrong side of the law and facing criminal charges.

The right to bear arms is, of course, guaranteed under the Second Amendment. Nonetheless, states (including Florida) have passed laws regulating the possession of firearms and other weapons.

Violation of these laws often carries strict penalties, including:

  • fines;
  • jail time;
  • forfeiture of any weapons; and
  • limitations on possession of weapons in the future.

There are two types of gun and weapon crimes in Florida; gun or weapon offenses and enhancements.

A weapon offense is based solely on the fact that a person improperly:

  • possessed;
  • purchased; or
  • used a weapon.

A weapon enhancement:

  • increases the penalties of a crime; or
  • requires a mandatory minimum prison sentence when used in the commission of a violent crime (such as aggravated assault, aggravated battery, or robbery).

Weapon Crimes

The most common weapon charges in Florida are:

  • unlicensed carry or concealment of a firearm;
  • improper exhibition of a dangerous weapon;
  • possession or dischargement of a weapon at a school-sponsored event;
  • possession of a firearm by a convicted felon; and
  • allowing a minor (under the age of 16) to access a loaded firearm.

Weapon Punishments

Carrying a concealed firearm -

If the person has no license, this is a 3rd degree felony punishable by:

  • up to 5 years in prison;
  • up to 5 years of probation; and/or
  • up to $5,000 in fines.

To fight this charge, you must show your concealed firearm permit; this permit can be issued by Florida or another state.

Carrying a concealed weapon -

This is similar to carrying a firearm, except the defendant is accused of carrying a weapon other than a firearm (metallic knuckles, a tear gas gun, a chemical weapon, knives, etc.).

This type of crime is a 1st degree misdemeanor punishable by:

  • up to 1 year in jail;
  • up to 1 year of probation; and/or
  • up to $1,000 in fines.

Improper exhibition of a dangerous weapon or firearm –

A person can be charged with this offense if caught publicly displaying a dangerous weapon or firearm in a rude, careless, angry, or threatening manner in the presence of at least 1 person.

This crime is a 1st degree misdemeanor punishable by:

  • up to 1 year in jail;
  • up to 1 year of probation; and/or
  • up to $1,000 in fines.

Possession or dischargement of a weapon at a school-sponsored event –

A person can be charged with this offense if caught publicly displaying a dangerous weapon or firearm in a rude, careless, angry, or threatening manner; in the presence of at least 1 person; at a school sponsored event; or on the grounds of a school.

This crime is a 3rd degree felony punishable by:

  • up to 5 years in jail;
  • up to 5 years of probation; and/or
  • up to $5,000 in fines.

Possession of a firearm by a convicted felon –

This is one of the most serious gun offenses and is punishable by:

  • up to 15 years in prison;
  • up to 15 years of probation; and/or
  • up to $10,000 in fines.

It’s illegal in the state of Florida for a convicted felon to knowingly own, possess, or control a firearm.

Allowing a minor (under the age of 16) to access a loaded firearm –

This crime is a 2nd degree misdemeanor punishable by:

  • up to 60 days in jail; and
  • up to $500 in fines.

Weapon Enhancements

Florida’s most common weapon enhancement charge is 10-20-life in prison.

Any of the following will trigger a mandatory minimum prison sentence:

  • 10-year minimum sentence for carrying a weapon during the commission of a violent crime;
  • 20-year minimum sentence for discharging during the act of committing a violent crime and
  • 25-year minimum sentence when the weapon is used in addition to another violent crime and another person is wounded (or killed).

Law Office of Jody L. Fisher – Your Defense Against Gun and Weapon Charges in Central Florida

Our firm understands the severity of a potential gun or weapon charge. our experienced, aggressive criminal defense lawyer will fight for you as best we can.

Contact us onlineor give us a call at (352) 503-4111 for a legal consultation.

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