Gainesville Gun Crime Attorneys Protect Your Rights in Weapons and Firearms Cases
As all Gainesville gun crime attorneys know, guns and other weapons are governed by a complex web of federal and state laws and regulations. If you have been charged with a weapons or firearms crime, or if you used a firearm or weapon in the commission of a crime, you need a knowledgeable Gainesville criminal defense lawyer on your side, to explain your legal options and protect your rights.
Weapons and Firearms Crimes
Chapter 790 of the Florida Statutes sets forth a long list of weapons and firearms crimes, including:
- Carrying a concealed firearm or weapon without a license;
- Improper exhibition of a dangerous weapon or firearm (defined as exhibiting the weapon or firearm in a “rude, careless, angry, or threatening manner, not in necessary self-defense”);
- Possessing or discharging weapons or firearms on school property;
- Possession of a firearm or ammunition by a convicted felon;
- Possession of a firearm or ammunition by a person who is subject to a final injunction against committing acts of domestic violence; and
- Altering or removing the serial number from a firearm with the intent to disguise its true identity.
Depending on the facts of your case, a weapons or firearms crime may be charged as a felony or a misdemeanor.
Firearm Sentencing Enhancement
With limited exceptions, if you have a gun on you during the commission of a felony, you will go to prison and you will stay in prison longer than you would have if you had committed the underlying crime without a gun. Florida’s so-called “10-20-Life Rule” provides that the use or possession of a firearm during the commission of any felony listed in the statute (including murder, sexual battery, aggravated stalking, drug trafficking, and others), subjects the perpetrator to the following mandatory minimum sentences, to be served in state prison:
- 10 years for the actual possession of a firearm;
- 20 years for the unlawful discharge of a firearm; and
- 25 years to life for the discharge of a firearm resulting in death or great bodily harm to any person.
Self-defense may be a viable defense against a firearms or weapons prosecution. If you are facing a concealed weapons charge or a similar charge not involving the use of force, your Gainesville gun crime attorneys may be able to challenge the circumstances surrounding your arrest, or the constitutionality of any search of your person or property.
A Gainesville Gun Crime Attorney Can Help
If you are facing firearms or weapons charges, do not underestimate the seriousness of your situation. Contact the knowledgeable Gainesville gun crime attorneys at the Law Offices of Rick Mercure, PA – RPM Law. You can reach us directly at (352) 222-2047. Call us today for a free consultation.