Weapons Offense Attorney in Jacksonville
Defense Against Weapons Violations in Florida
Are you facing weapons charges in Jacksonville? If so, it’s important to protect your rights under the Second Amendment and Article 1, Section 8 of the Florida Constitution. Even though Florida has generous gun laws compared to other states, for example, citizens are NOT required to register their firearms, the penalties for violating one of the state’s gun laws can be severe and have life-altering consequences.
All Floridians should be aware that if they commit a crime and they use a firearm while committing the offense, they can face enhanced penalties. Under Section 775.087(1) of the Florida Statutes, whenever someone is charged with a felony offense, and during the commission of the crime they carry, display, use, threaten to use, or attempts to use a firearm, the crime will be elevated as follows:
- A felony of the first degree will be elevated to a life felony
- A felony of the second degree will be elevated to a first degree felony
- A felony of the third degree will be elevated to a felony of the second degree
Prohibited Possessors in Florida
There are laws in place at both the federal and state levels to prevent certain individuals from gaining possession of firearms. These laws are in place for two reasons: to prevent violence and to punish criminals. Federally speaking, a person would be prohibited from gun ownership if they:
- Have a felony conviction
- Have been convicted of certain domestic violence crimes that are classified as misdemeanors
- Have court orders due to domestic violence cases or grave mental illnesses
The state of Florida does not allow people to purchase or possess firearms if they:
- Have any felony convictions or if they are younger than 24 and have been convicted of a crime that would be a felony if committed by someone older than 24
- Have received a final injunction that is still in effect and intended to prevent that person from continuing to commit domestic violence
- Are considered a violent career criminal under Florida law, which essentially means they have committed multiple felonies in a short amount of time
- Have been legally considered mentally unwell (conserved people, prior mental institution stays, etc.)
- Are under a protection order that specifically states they cannot possess or attempt to possess a firearm for the duration of the order
Florida recently legalized the use of marijuana for medical purposes. Because marijuana is still considered a controlled substance in Florida, people who use it (even legally for medical purposes) cannot ship, receive, or possess a firearm. It is also illegal to sell a firearm to anyone who uses controlled substances.
Gun Charges in Jacksonville, Florida
If someone is caught possessing or using a gun in an illegal manner in Florida, they can expect severe consequences. The consequences for such an act depend on the exact circumstances surrounding the crime as well as the nature of the crime, however, some of the potential charges include:
- 3rd degree felony charges for carrying a concealed firearm without a license. 3rd degree felony convictions can lead to a prison sentence of up to 5 years, and/or a fine of up to $5,000.
- Up to 1 year in prison and/or a fine of up to $1,000 for improper exhibition of a firearm, which is when someone uses a firearm in a manner that is careless or threatening.
- Up to 15 years in prison and/or a fine of up to $10,000 for possession of a firearm by someone who is a convicted felon.
Such charges have enhanced penalties if the weapon in question was used during a crime that had been commissioned:
- If the person accused possessed a firearm, a mandatory minimum sentence of 10 years will be given
- If that weapon was fired, the mandatory minimum sentence will be increased to 20 years
- If the discharge of the weapon resulted in someone becoming injured or dying, the mandatory minimum sentence will be increased to 25 years in prison
Why Jason K.S. Porter for Weapons Defense?
In the face of weapons charges, you need a strong legal defense. Our founding attorney, Jason K.S. Porter, Esquire has garnered a reputation for excellence in the field of criminal law. In the legal community, his peers have recognized him with the Martindale-Hubbell® AV Preeminent Rating®, and he has been awarded a 10.0 Superb Avvo Rating in criminal defense.
The above recognitions demonstrate Attorney Porter’s high standard of excellence in the legal field. Going further, with approximately 100 years of collective experience, our legal team stands ready to defend you against gun-related charges in Jacksonville.
Schedule your free case evaluation – contact us online or call (904) 701-0591 today.
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