Facing a gun possession charge can be an overwhelming experience, particularly in states with stringent firearm laws. If you find yourself in this circumstance, understanding Florida’s legal landscape pertaining to gun charges will go a long way toward helping you take the necessary steps to protect your rights and freedom.
In Florida, you should contact a gun possession lawyer immediately if you have been charged with a gun-related offense and have an upcoming court date. The courts are very serious about weapons charges, and you need an experienced attorney fighting for you. It doesn’t matter if you are a first-time offender or a repeat offender; there may be a chance of your charges being reduced.
Understanding Gun Possession Laws in Florida
Illegal firearm possession in Florida can result in charges depending on the individual’s criminal history, the type of firearm involved, and the circumstances of the possession. Below are some general categories of illegal firearm possession charges in Florida:
- Felon in possession: Possession of a firearm by a convicted felon in Florida is a felony offense, punishable by significant fines.
- Possession by a minor: Individuals under 18 are generally prohibited from possessing a firearm except for hunting, target shooting, and certain supervised activities. Possession of a gun by a juvenile is usually a misdemeanor offense, but certain circumstances can result in enhanced charges.
- Possession by a prohibited person: Gun possession may be restricted for certain individuals, including people with restraining orders or individuals convicted of domestic violence offenses
- Other prohibited possessions: Additional circumstances can make possession of a firearm illegal in Florida. For example, this may include carrying a concealed gun without the required permit or possessing certain types of prohibited firearms.
It is vital to consult with a gun-related criminal defense attorney to understand these laws better.
Defending Against a Gun Possession Charge in Florida
There are various defenses your lawyer may utilize in order to protect you against a gun possession charge in Florida. These may include:
- Constitutional rights: The Second Amendment of the Constitution protects the right to bear arms, and Florida recognizes this fundamental right. A defense attorney with experience defending firearm cases can argue that your possession or use of a firearm was lawful and protected by the Second Amendment, especially if you held a valid permit or were compliant with state laws.
- Illegal search and seizure: As part of the Fourth Amendment, individuals are protected from unreasonable searches and seizures. If you or your attorney believe the police obtained the firearm illegally, you may be able to challenge the admissibility of the evidence.
- Lack of knowledge: In some cases, a successful defense strategy may involve establishing that you were unaware of the firearm’s presence or ownership. For instance, if you were in a vehicle with other occupants, and the gun was found in a location you did not have control over, it can be argued that you lacked knowledge and possession of the firearm.
- Suppression of statements: The circumstances surrounding any self-incriminating comments you made to law enforcement during your arrest or interrogation can be evaluated by a defense attorney. You may be unable to admit them to court if they have been obtained in violation of Miranda rights or by coercion through improper means.
A skilled attorney will give you the best case in court and attempt to have your gun charge reduced or dismissed by a judge. Hiring the best attorney to defend your case is imperative because you stand to lose so much.
Discuss Your Gun Charge Case With a Qualified Defense Attorney at the Law Office of Robert H. Hanaford
Facing a gun possession charge in Florida can have serious consequences. It’s in your best interests to seek legal representation from a knowledgeable and seasoned criminal defense attorney who can guide you through the complex legal process and mount a strong defense on your behalf. Understanding the applicable laws, asserting your constitutional rights, and challenging the prosecution’s evidence can increase your chances of achieving a favorable outcome.
If you’re seeking legal representation for a gun possession charge in Florida, enlist the help of the Law Office of Robert H. Hanaford today. Our skilled team has extensive experience in criminal defense, including firearms-related cases, and can provide the guidance and representation you need to navigate the legal system effectively. Call us at (239) 315-9750 or contact us online to schedule a consultation with our attorneys.