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What are common weapon charges in Florida?

Some of the most common firearm charges filed in Miami include:

  • Unlawful gun discharge
  • Unlawful gun possession
  • Unlawful gun sale
  • Use of a firearm in the commission of a crime
  • Unlawful gun manufacture
  • Possession of a firearm by a convicted felon
  • Allowing minors to access a loaded firearm

What are the penalties for firearms charges in Miami?

Florida lawmakers have a “10-20-Life” law, which imposes severe penalties on those who use a firearm in the commission of a crime. In many cases, a mandatory prison term of 10 years may be required in a conviction. Your criminal defense lawyer’s quality, experience, and trial skills are very important in these cases. 

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Felon in possession of a firearm

Any individual who has a felony conviction and is caught in possession of a firearm will face a felony firearms charge, punishable by up to 15 years of incarceration in state prison. This serious criminal charge may be filed if a firearm is found in the home, car, or other locations believed to be under the control of a convicted felon. The accused individual may or may not have been aware of the presence of the firearm, but once an arrest has been made, there is no option other than hiring the best trial lawyer you can find – your future freedom will depend on the talent, knowledge, and trial skills of your attorney.

Illegal sale or delivery of a gun

While background checks are not required in Florida, some types of firearm sales are illegal. When selling a gun, the seller is required to ensure the buyer has the legal right to own a gun. The buyer is required to show a valid ID to the seller. No guns without serial numbers can be sold in the state or some firearm accessories, including bump stocks. If you are accused of this offense, you will be facing a felony charge. 

New Florida law regarding permitless carry

On July 1, 2023, permitless carry became legal in the state – but this law also has many restrictions. Any person carrying a concealed firearm must carry identification and produce it to law enforcement when requested. Open carry is still illegal in Florida, and a permit is still required unless you are actively fishing, camping, hunting, target shooting, or when en route to these activities. 

If you are found to be open carrying a firearm without a permit, you will be arrested and charged. Even with a permit, there are restrictions in many locations, including schools, colleges, athletic events, or any establishment licensed to serve alcohol, an airport, and many other places. If you have been arrested and charged with any crime related to possessing a firearm under the new law, you must ensure you retain a criminal attorney immediately.

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Eligibility for restoring your gun rights in Florida

If you’ve lost your firearm rights due to a felony conviction or other legal issues, you may be eligible to have those rights restored under Florida law. Restoring your gun rights can be a complex process that requires meeting specific legal criteria and following detailed procedures.

Key eligibility requirements often include:

  • Completion of all terms of your sentence, including probation and parole
  • No pending felony charges or active warrants
  • A clean criminal record since the conviction
  • Demonstrating good moral character
  • Waiting the required period after your sentence ends (which can vary by case)
  • Filing the appropriate petitions with the court and attending hearings if necessary
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Common Defenses for Firearm Charges 

Facing firearm charges can be overwhelming, but there are several defenses that skilled attorneys use to protect your rights and build a strong case. Understanding these defenses can help you better prepare for your legal fight.

Common defenses include:

  • Lack of possession: Proving you did not have the firearm in your control
  • Illegal search and seizure: Challenging how evidence was obtained if your rights were violated
  • Invalid or expired permit: Showing your permit was valid at the time of the alleged offense
  • Mistaken identity: Demonstrating you were wrongly identified as the offender
  • Self-defense: Justifying firearm use under Florida’s Stand Your Ground law
  • Unlawful arrest or procedural errors: Highlighting mistakes made by law enforcement that affect your case

At Correa & Martinez, our experienced firearm defense lawyers thoroughly investigate every angle to ensure your case is defended aggressively and effectively.

What to Do if Accused of a Weapons Crime in Miami

Being charged with a weapons crime can have serious consequences, including hefty fines, jail time, and a permanent criminal record. If you find yourself accused, acting quickly and wisely is essential to protect your rights and build a strong defense.

Here’s what you should do immediately:

  • Do not discuss the case with anyone except your lawyer
  • Contact an experienced Miami firearm possession attorney right away
  • Avoid posting about the case or related topics on social media
  • Gather any evidence or documents related to the incident
  • Follow all court orders and restrictions, including bail conditions
  • Do not attempt to possess or use firearms while charges are pending
  • Prepare to cooperate with your attorney during the investigation and trial preparation

At Correa & Martinez, we understand the stakes and fight aggressively to defend your rights and secure the best possible outcome. 

Why choose Correa & Martinez Trial Lawyers in Miami for firearm charges?

The trial attorneys at Correa & Martinez Trial Lawyers have achieved many remarkable successes in criminal court, and a firearms charge requires fast action to protect your rights and interests. After an arrest, you must exercise your right to remain silent and contact our firm at once. We do not operate like many other law firms but are responsive, accessible, and available to our clients throughout every process. Our firearm possession attorneys in Miami are well-prepared, aggressive, persuasive, and focused on protecting your freedoms in court. 

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Firearms Charges FAQs

How long will it take to resolve my case?

Can firearm charges be dropped?

Will a weapons crime conviction impact my firearm rights?

Is it possible to expunge a firearm crime conviction?

How long will it take to resolve my case?

The timeline varies depending on the case’s complexity, evidence, and court schedules. Some cases resolve in a few months through plea agreements, while others may take a year or more if they go to trial. The experienced team at Correa & Martinez works diligently to move your case forward as efficiently as possible.

Can firearm charges be dropped?

Yes. Charges can be dropped if there is insufficient evidence, procedural errors, or if your attorney successfully negotiates with the prosecutor. Our team aggressively advocates to get charges reduced or dismissed whenever possible.

Will a weapons crime conviction impact my firearm rights?

Absolutely. A conviction can result in the loss of your right to possess firearms, sometimes permanently. Restoration of rights may be possible but involves a legal process and specific eligibility criteria.

Is it possible to expunge a firearm crime conviction?

In Florida, felony firearm convictions are generally not eligible for expungement or sealing. However, some lesser offenses may qualify. Consulting a lawyer is essential to understanding your options.

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