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Gun Crime

The state of Florida, much like the rest of the United States, faces a significant challenge with gun-related crimes. The laws governing the possession, sale, and use of firearms can be convoluted, and violating them can result in severe criminal charges. It is crucial to seek legal representation if you are under investigation or have been arrested for a gun-related offense to protect your rights. At Hanlon Law, our attorneys are experienced in defending individuals facing such charges. We have a successful track record in representing clients accused of crimes in and around Kissimmee, Florida, and will work tirelessly to secure your future.


Common Florida Gun Crimes 


Possession of a Firearm by a Convicted Felon 


Possession of a firearm by a convicted felon is a prevalent gun crime charge in Florida. As per Florida Statute 790.23, felons are prohibited from possessing firearms, including both handguns and long guns, regardless of whether they are carried openly or concealed. Violation of this statute constitutes a third-degree felony, and the punishment ranges from a minimum of 3 years in prison to a maximum of life imprisonment. If you have been accused of firearm possession as a convicted felon, it is crucial to consult an experienced criminal defense attorney immediately to protect your rights.


Carrying a Concealed Weapon Without a Permit


Carrying a concealed weapon in public without a valid permit is a crime in Florida under Florida Statute 790.25. Violators can face severe consequences, including up to five years in prison, up to five years of probation, and a maximum fine of $5,000.


Using a Firearm During the Commission of a Crime 


A severe gun-related offense in Florida is the use of a firearm during the commission of a crime, as defined by Florida Statute 775.087. This includes using a firearm to commit serious offenses such as robbery or burglary. The punishment for this crime can range from a minimum of 10 years to a maximum of life imprisonment.



Florida Laws Regarding the Sale and Purchase of Firearms 


Florida Statute 790 outlines strict laws concerning the purchase and sale of firearms. Selling or giving a firearm to a person who is prohibited from owning one, such as convicted felons or those with a history of domestic violence, is illegal. Additionally, purchasing a firearm on behalf of another person, known as a "straw purchase," is also unlawful. These crimes carry penalties ranging from a minimum of three years to life imprisonment.


Florida's "10-20-Life" law imposes harsh penalties for using a firearm during the commission of certain crimes. Under Florida Statute 775.087, offenders must serve a minimum of 10 years in prison if a firearm is used during the commission of a crime. The minimum sentence increases to 20 years if the firearm is discharged, and if someone is injured or killed, the offender must serve a minimum of 25 years to life in prison.


Florida Statute 776, also known as the "Stand Your Ground" law, allows individuals to use deadly force in certain situations. This law permits the use of force in self-defense when the person reasonably believes that such force is necessary to prevent death or great bodily harm.


Common Defenses to Gun Crimes Charges 


When facing gun crime charges, seeking legal counsel from an experienced criminal defense attorney is critical. Your attorney can evaluate your case and help you develop a defense strategy. Common defense strategies for gun crimes include:


  1. Lack of knowledge: An individual may argue that they were unaware of possessing a firearm or did not know that it was illegal for them to do so.
  2. Illegal search and seizure: Evidence obtained through unlawful means, such as an illegal search and seizure, may be inadmissible in court.
  3. Self-defense: This defense may be used if an individual used a firearm to defend themselves and can demonstrate that the use of deadly force was necessary to prevent death or serious harm.
  4. Mistaken identity: This defense may be used if an individual is falsely identified as the perpetrator.
  5. Entrapment: If law enforcement coerced an individual into committing a gun crime, they might be able to use the defense of entrapment.
  6. Duress: If an individual committed a gun crime under threat of harm or coercion, they might be able to use this defense.
  7. Insanity: This defense may be used if an individual's mental illness or defect prevented them from understanding the nature or consequences of their actions.


Protect Your Future From a Gun Crimes Conviction 


Gun-related offenses carry severe consequences, and it is crucial to have a thorough understanding of the laws surrounding firearms. If you have been accused of a gun crime, it is vital to seek the assistance of an experienced criminal defense attorney who can help defend your rights and protect you against the charges. The attorneys at Hanlon Law have extensive experience representing clients accused of gun crimes in Kissimmee, Florida, and will work tirelessly to investigate the facts of your case, evaluate the evidence against you, and mount the strongest defense possible.


If you are facing gun crime charges in Kissimmee, FL, contact the Kissimmee criminal defense attorneys at Hanlon Law today.

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