Violation of Probation
If you have been charged with a weapons violation, you are facing stiff penalties. In the state of Florida, possession of a gun carries a ten year sentence in state prison. Firing a gun, on the other hand, carries a penalty of 20 years in state prison. Note that you do not have to hit or injure anyway to be sentenced to 20 years in state prison for firing a gun in Florida. But if you do hit or injury anyone, then you could be facing life in prison. This is known as the 10/20/Life law in Florida. The above sentences are mandatory minimums, which means that you could receive heavier sentences. It is important to consult an aggressive criminal defense attorney to help fight these charges and obtain the best possible result for you.
The types of Weapons Cases that we handle include but are not limited to:
Discharge of a Firearm in Public
Carrying a Concealed Firearm
Improper Exhibition / Discharge of a Firearm
Possession of a Firearm by a Convicted Felon
Possession of a Weapon on School Grounds
Gun law can be confusing both at the federal and state level. The federal Constitution contains
Amendment 2, which specifically addresses guns. Amendment 2 of the federal Constitution says "[a] well-regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed." The Florida Constitution also addresses guns in Article I, Section 8(a) by saying "[t]he right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." Reading these two constitutional provision, one might get the sense that there is some freedom or right to bear or possess guns and other firearms. However, there are Florida and federal statutes that have restricted and regulated gun use and possession. Additionally, there is caselaw interpreting and explaining gun law.
Florida also has the "Castle Doctrine" which permits you to use deadly force in defending yourself
when someone enters your home or vehicle without a lawful purpose and with force.
One of the key issues in illegal gun possession cases has to do with whether you had knowledge you had a gun either on you or your vehicle. Another issue has to do with possession of the firearm. The prosecutor can prove possession through either actual or constructive possession.
Many gun cases also turn into the legality of search and seizure by the police. There are numerous cases dealing with the legality of the search and at the The Orlando Law Firm P.L. we are familiar with such caselaw and are prepared to file motions to suppress on your behalf to get evidence suppressed and get the case ultimately dismissed.