Florida’s complex firearms laws create numerous opportunities for law-abiding citizens to violate gun regulations. At George Law, we provide comprehensive Florida gun crime defense representation to clients throughout Miami-Dade, Broward, and Palm Beach counties. We understand these charges require immediate attention and aggressive advocacy to protect your constitutional rights and freedom. Call our defense firm anytime, 24/7, for help.
Key Takeaways
- Florida gun crimes carry mandatory minimum sentences that judges cannot reduce.
- Federal and state prosecutors often have concurrent jurisdiction over firearms offenses.
- Prior felony convictions can transform simple possession into serious felony charges.
- Constitutional challenges regarding search and seizure are common in gun cases.
- Self-defense claims require careful analysis under Florida’s Stand Your Ground law.
- Early intervention can prevent charges from being filed or reduce charge severity.
- Working with a Florida gun crimes lawyer at George Law can help you understand your rights and how to proceed more positively.
Where to Find George Law in Miami
Our Miami office at 4040 NE 2nd Ave, Suite #1D, serves Miami-Dade, Broward, and Palm Beach counties. We are available 24/7 for emergencies and consultations, understanding that federal investigations and arrests can occur anytime. We are close to the Miami Design District and landmarks like the Moore Building.
Florida Gun Laws and Violations
In Miami-Dade, Broward, and Palm Beach counties, law enforcement agencies aggressively enforce firearms laws, often bringing charges that carry severe mandatory penalties.
The State’s 10-20-LIfe Law
Florida’s “10-20-Life” law imposes mandatory minimum sentences for crimes involving firearms. Under this statute, possession of a firearm during certain felonies results in a 10-year mandatory minimum, firing a weapon results in a 20-year mandatory minimum, and causing death or great bodily harm results in a 25-year to life sentence. These sentences cannot be reduced through plea negotiations or judicial discretion, making effective defense representation crucial.
Federal Laws and State Charges
Whether to prosecute in state or federal court often depends on factors such as the defendant’s criminal history, the circumstances of the offense, and prosecutorial priorities.
Common Types of Gun Crimes in South Florida
Felon in possession of firearm charges represent one of the most frequently prosecuted gun crimes in Miami-Dade, Broward, and Palm Beach counties. These charges can be filed against anyone with a prior felony conviction who possesses, owns, or controls a firearm. The prior felony conviction can be from any jurisdiction and may have occurred years or decades earlier. Even constructive possession of weapons, where the gun is accessible but not physically carried, can result in charges.
Armed Robbery or Burglary
Armed robbery and armed burglary charges are aggressively prosecuted throughout South Florida. These charges require proof that a firearm was carried during the commission of a theft or burglary, even if the weapon was never displayed or used. The penalties for armed robbery include mandatory minimum sentences and can result in life imprisonment for repeat offenders.
Carrying a Concealed Weapon without a Permit
Carrying a concealed weapon without a permit remains a common charge despite Florida’s relatively liberal concealed carry laws. Many visitors to South Florida are unaware that their home state permits may not be recognized in Florida, leading to unexpected arrests. Additionally, specific locations, such as airports, schools, and government buildings, prohibit concealed carry even with valid permits.
Aggravated Assault Using a Firearm
Aggravated assault with a firearm charges can arise from situations where firearms are displayed or brandished during confrontations. These charges do not require that shots be fired or anyone be injured – merely displaying a firearm in a threatening manner can result in serious felony charges carrying mandatory minimum sentences.
Straw Buying of Firearms
Straw purchasing involves buying firearms on behalf of someone who is prohibited from purchasing weapons themselves. These cases are increasingly prosecuted as federal crimes and can result in significant prison sentences even for first-time offenders who believed they were helping friends or family members.
Constitutional Issues in Gun Crime Defense
Gun crime cases often involve Fourth Amendment challenges due to searches of vehicles, homes, or persons. Evidence from illegal searches can be suppressed, potentially leading to dismissal. Traffic stops leading to gun discoveries need reasonable suspicion; pretextual stops are unconstitutional. Search scope is limited, requiring extra justification for concealed weapons.
Second Amendment challenges to gun laws are evolving with recent Supreme Court decisions strengthening individual rights, particularly for self-defense at home. Miranda rights violations during interrogation about gun possession can render statements inadmissible, weakening prosecution.
Federal vs. State Prosecution
Federal prosecutors typically pursue cases involving interstate commerce, multiple jurisdictions, or defendants with extensive criminal histories. Federal gun crimes often carry longer sentences and are prosecuted in federal court, where conviction rates are higher.
The Armed Career Criminal Act (ACCA) enhances federal sentences for defendants with three or more prior violent felony or serious drug trafficking convictions. Under the ACCA, defendants face mandatory minimum sentences of 15 years for felon in possession charges that might otherwise carry much lighter sentences. Challenging prior convictions and their classification under the ACCA requires specific skills and knowledge of federal sentencing laws.
State prosecutors may agree to handle cases that federal prosecutors decline, often resulting in more favorable plea negotiations and sentencing outcomes.
Self-Defense and Stand Your Ground
Florida’s Stand Your Ground law permits deadly force in self-defense if reasonably believed necessary to prevent death or serious harm, without a duty to retreat. Immunity hearings can dismiss charges pre-trial if a preponderance of evidence proves justified actions.
The Castle Doctrine presumes deadly force is justified against unlawful intruders in occupied homes. Warning shots and brandishing weapons in self-defense are complex, with Florida’s “warning shot” law offering some protection based on circumstances.
Building Your Gun Crime Defense
Challenging gun crime charges involves analyzing arrest circumstances and statutory requirements. Possession charges demand proof of knowing possession; temporary possession might not suffice. Weapon identification is critical. Prosecutors must prove that the alleged weapons are operable firearms. Broken weapons may not qualify.
The Investigation and Arrest Process
Gun crime investigations often begin with reports of weapons violations, traffic stops that uncover weapons, or discoveries during searches related to other crimes. Law enforcement agencies in Miami-Dade, Broward, and Palm Beach counties work closely with federal agencies to investigate gun crimes. They often focus on weapons trafficking.
ATF Tracing
ATF tracing of firearms can provide substantial evidence about weapon origins and possession history. Defense counsel must understand how ATF traces work and their limitations to challenge this evidence effectively. Tracing records may be incomplete or inaccurate.
Ballistic Evidence
Ballistic evidence and gunshot residue testing may be used to connect defendants to shootings or weapon discharges. These forensic techniques are not infallible and require a proper scientific foundation for admission.
Searches for Firearms
Search warrants for firearms often target homes, vehicles, and storage facilities where weapons may be kept. These warrants must be based on probable cause and executed within constitutional limits.
Why Retain the Services of a Florida Gun Crimes Attorney from George Law for Your Florida Gun Crime Defense
At George Law, we understand that gun crime charges often involve complex constitutional issues, technical firearms laws, and severe mandatory penalties that require immediate and aggressive defense representation. Our Florida defense attorneys have experience defending gun crimes throughout Miami-Dade, Broward, and Palm Beach counties, giving us unique insight into local prosecutors, judges, and law enforcement practices.
Frequently Asked Questions
Florida law allows certain types of firearm possession in vehicles without permits, but the rules are complex and have specific requirements. Violations can result in felony charges, so it’s essential to understand the law entirely.
Knowledge of possession is an element that prosecutors must prove. However, the law may presume knowledge based on circumstances, making immediate legal representation crucial for challenging these presumptions.
Florida provides limited procedures for restoration of civil rights, including gun rights, but the process is complex and not consistently successful. Federal law may still prohibit possession even if state rights are restored.
You can refuse consent to searches unless officers have a warrant. Exercise this right and immediately contact an experienced gun crime defense attorney.
Florida law allows deadly force to protect occupied dwellings, but has more limited protections for business property. The specific circumstances and type of property involved significantly impact the legality of defensive gun use.
Florida generally prohibits open carry except in limited circumstances such as hunting, fishing, or camping. Concealed carry requires a permit except in specific locations such as your home or business.
Receive Help from a Florida Gun Crimes Lawyer at George Law Now
If you are facing gun crime charges or believe you may be under investigation for firearms violations in Miami-Dade or Broward counties, you need to speak to a Florida gun crimes lawyer. Contact George Law online or at (305) 977-4529.