Weapon and Gun Crime Charges in Florida: What You Need to Know

Florida has some of the most detailed and, in places, unforgiving firearm laws in the country. What seems like a minor misunderstanding, carrying a firearm without the right permit, or having one in the wrong place, can turn into a serious criminal charge. Here’s an overview of how weapon and gun crime charges work in Florida and what’s at stake.

Common Types of Weapon Charges

• Carrying a concealed firearm without a license. Florida requires a concealed weapons permit to carry most firearms concealed on your person, with limited exceptions, such as within your own home, vehicle, or place of business.
• Possession of a firearm by a convicted felon. This is one of the most serious weapon charges in Florida, carrying a mandatory minimum prison sentence for anyone previously convicted of a felony found in possession of a firearm.
• Improper exhibition of a firearm. Displaying a weapon in a threatening or careless manner, even without firing it, can result in charges.
• Possession of a firearm on school property or in other prohibited locations.
• Use of a firearm during the commission of another crime, which can trigger Florida’s 10-20-Life mandatory minimum sentencing law.

Florida’s 10-20-Life Law

One of the most significant sentencing enhancements in Florida involves what’s commonly known as the 10-20-Life law. If a firearm is possessed, displayed, or discharged during certain felonies, it can trigger mandatory minimum sentences: 10 years for possession, 20 years if the firearm was discharged, and 25 years to life if someone was seriously injured or killed as a result. These minimums apply regardless of a judge’s discretion, which makes the stakes in these cases especially high.

Defenses in Weapon and Gun Crime Cases

• Challenging whether the search that led to discovering the weapon was legal
• Disputing actual possession, particularly in cases involving multiple people or a shared vehicle or residence
• Arguing the weapon falls under a statutory exception, such as being within your home or place of business
• Challenging whether a prior conviction actually qualifies as a disqualifying felony under the relevant statute

Why These Cases Require Careful Handling

Because of mandatory minimum sentencing, weapon charges involving firearms often leave less room for negotiation than other criminal cases. That makes it even more important to have an attorney who understands exactly how these statutes are applied and where there may be room to challenge the state’s case before it ever gets to sentencing.

Talk to Hartpence Law

If you’re facing a weapon or firearm-related charge anywhere in the Tampa Bay area, don’t wait to get legal representation. Contact Hartpence Law today for a confidential consultation to discuss your case and your options.

This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should speak with a licensed attorney about your specific situation.