The United States Constitution recognizes the right of Americans to carry guns throughout the country and in the state of Florida. However, for some people, there are restrictions. If you are facing a firearms charge, you could lose your right to bear arms. A skilled gun charge lawyer, like Robert Zlatkin, can help you protect your legal rights and defend you in these cases.
In the state, there are statutes concerning firearm and weapon laws. While there is a right to bear firearms and weapons, anyone who is convicted of violating specific laws could face:
Florida has two types of weapon and gun crimes in the state: gun offenses and enhancements. A weapon offense is based on whether an individual has improperly or illegally purchased or possessed a firearm or weapon.
With a weapon enhancement, the penalties for a specific crime are increased. The offender can face a mandatory minimum prison sentence, especially if it was a violent crime like robbery, aggravated battery, or aggravated assault.
In Florida, there are several common gun charges. These offenses include:
While concealed carry is legal in the state, the open carry of a gun is prohibited. All residents can carry weapons for self-defense purposes. Along with a firearm, individuals can also carry non-lethal stun guns and chemical sprays. However, the person must have a license to conceal carry in the state.
With concealed carry, the weapon cannot be visible to the public. Open carry is only allowed for those law enforcement or military members. You can open carry for some activities, such as shooting competitions, range shooting, camping, and hunting.
If convicted of these gun crimes, the individual could face a wide range of penalties. For those who are carrying a concealed firearm without a license, it is a third-degree felony. The punishments could include:
While concealed carry is legal in the state of Florida, you cannot use a gun in a rude, angry, careless, or threatening manner in the presence of another person. If that happens, it is considered an improper exhibition of a firearm. This offense is a first-degree misdemeanor, and it is punishable by:
Weapons in schools or at school-sponsored events are punishable offenses in the state of Florida. This crime is serious, and for those convicted of this third-degree felony, they could face:
Anyone convicted of a felony will lose certain rights, even those specified by the U.S. Constitution. Felons are not allowed to possess or use firearms in Florida. This is one of the most serious gun crimes in the state, and it is illegal for a convicted felon to “knowingly own, possess, or control a firearm.” If an offender is caught with a firearm, there will be severe consequences, such as:
Guns carry a particular type of risk, and those minors in the state cannot have access to a loaded firearm unless supervised by an adult. Allowing access to a loaded gun is a second-degree misdemeanor offense, and it is punishable by 60 days in jail and a $500 fine.
Florida is known for its tough gun laws, including the 10-20-Life statute. Under this law, any felon who commits a crime with a firearm will face at least ten years in prison. There are also enhanced penalties for those who commit other crimes with the use of a gun. Any of these circumstances can trigger the 10-20-Life mandatory sentence, such as:
In the state of Florida, there are strict gun crime laws. If someone is convicted of violating these laws, there are harsh consequences, including hefty fines and long prison terms. There is a broad spectrum of gun crimes in the state. For that reason, you will want an experienced criminal defense lawyer to help defend you against these charges.
You need an attorney who can build an effective defense for your case. Special circumstances are surrounding your situation. In some cases, you might have used your weapon for self-defense, or there was a misunderstanding about where you could take your firearm. With all of these gun offenses, you run the risk of losing your right to possess a gun. You need to seek assistance from a criminal lawyer in Ocala.
Robert Zlatkin has handled many gun crime cases in Ocala. He understands the complexities of these crimes and will work tirelessly to protect your legal rights. If you have been charged with a gun crime, make sure to contact his office. Please schedule a case evaluation with his Ocala office.