Under Florida law, the improper exhibition of a firearm or weapon is characterized as showing off a weapon in a threatening or careless way. A weapon can be anything from a gun to a knife and must be listed under Florida’s weapon statute. This is a first-degree misdemeanor and can result in up to a year of jail or probation, plus a fine.
Compared to other states, Florida gun law may seem lenient. But that doesn’t mean there aren’t harsh consequences for weapons and firearms charges. In an array of situations, the possession, purchase, and use of a weapon or firearm can land you in murky water. That’s why you need an experienced lawyer to guide you through the legal process.
Illegally possessing someone else’s property is already an issue. Just think of how that situation escalates when you’re caught illegally possessing a firearm. If the state proves that the defendant knowingly carried a firearm that was not theirs, the defendant may be subject to the consequences of a third-degree felony.
Florida law states that the possession of a firearm by a convicted felon is broken down into two segments – actual possession and constructive possession. Actual possession is when a felon has it on or near their person, while constructive possession is if the firearm is in a place in which the felon has control over.
In Florida, shooting or throwing a deadly missile is when a potentially harmful object is projected at a building, vehicle, or vessel with malicious intent. This is a felony that can lead to prison.
Possessing or discharging a destructive device in Florida is when a person willfully makes or attempts to make, possess, project, or discharge any destructive device. A destructive device can be a bomb, grenade, rocket, missile, or anything that can cause major destruction, as defined by Florida law. The consequences of this charge vary, depending on the severity.
Aggravated battery is the intentional touching of another person with the intent to harm them. When a weapon is used to threaten or cause harm, it automatically is escalated to aggravated battery with a deadly weapon. This can result in minimum prison time of 10 years, increasing with the severity of the case.
Aggravated assault is the intent to threaten or commit a violent act against another person. When done with a deadly weapon and the intent to cause bodily harm or death, the defendant is looking at jail time, probation, and a hefty fine.
Robbery and burglary are already serious offenses. Add a firearm, and things escalate quickly. This is considered a felony offense with serious consequences, making expert legal representation a necessity
Burglary with a concealed firearm can be risky business for a defendant. It escalates the situation, and in the eyes of the court, can have some detrimental consequences, including a third-degree felony punishable by up to five years in prison, probation, and a hefty fine.
Possessing a controlled substance with a firearm is a serious offense. This is characterized as a felony and can land a person in state prison with fines up to $10,000. Other factors, like the number of drugs and type of firearm, can increase the sentencing.
Under Florida law, kidnapping is a felony. Adding a firearm or deadly weapon to that offense only escalates the situation. Kidnapping does not necessarily mean a child, but rather holding any person against their will.
Manslaughter is the act of committing, obtaining, or being negligently culpable for someone else’s death. Under Florida law, even if the act was unsuccessful, it is still chargeable. Attempted manslaughter is a third-degree felony and can result in up to five years of prison and a hefty fine.
Attempted murder is that act of attempting to commit the killing of another. Even if the attempt is unsuccessful, it can be punishable as a felony, meaning serious jail time.
Violation of probation when your initial offense involved a weapon can be a serious mistake. This means you did not fulfill the terms of your probation, subjecting yourself to consequences, including more jail time, longer probation, ineligibility for record expungement, and more.
Selling or distributing guns outside of Florida law and federal regulations is gun trafficking. It is not yet a federal crime but is a serious offense that can warrant felony offenses. And, in today’s harsh societal view surrounding guns, you need an experienced lawyer who understands what it takes to get you the best possible outcome.
Firearms are a hot-button subject across the country, making federal firearms violations even more serious than ever before. Unlawful possession and/or selling, stolen firearms, firearms in school zones, and more are the complicated issues that federal firearms violations encompass – all of which can have serious consequences.
The mixing of drugs and firearms has the potential for serious damage – and charges. If a defendant is accused of drug-related firearms violations, they may be subject to punishment, including jail time, probation, and fines, depending on the severity of the case.
Our weapons and firearms lawyer in Tampa has the knowledge and experience to get you the best possible outcome. When you come to McCulloch Law, you have access to the leading criminal defense team in Tampa. So, contact us today to learn more about how we can assist you.
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