Gun Charges in Florida

By Pat Geddie | Leave a Comment

Practically any type of firearm violation has the potential to result in jail time. From unlawful possession to negligently or recklessly discharging a firearm, weapons charges are very serious matters, and you should hire an attorney when facing them.

Unlawful possession of a firearm is a first-degree misdemeanor in Florida. The fact that this charge is not a felony does not mean that it should be taken lightly. Unlawful possession could still result in a jail sentence of up to one year.

Florida does allow for concealed carry of weapons, but you need a license to do so. If you are caught carrying a concealed weapon without a license, it is a third-degree felony with a jail sentence of up to five years. If a felon has a gun, it can be a first-degree felony. Not only can gun charges lead to jail time, but you may lose your right to own firearms in the future.

There are some defenses that can successfully be used against gun charges. One of the major ways to have charges dropped is when you can show that police violated your rights in searching you and seizing the gun to use as evidence against you. Any evidence that is illegally seized must be suppressed unless a valid exception to the requirement for a warrant applies. In addition, possession is a crime that requires intent. The defendant must know that they had a gun. You should always consult with an attorney to see if you have any valid defenses or whether you could negotiate for a lighter sentence.

Contact a Melbourne Criminal Defense Attorney Today

Harnage Law PLLC is available to you at all times when you find yourself facing gun charges. To discuss your case, call us today at 321.549.7886 or message us online.