If you have been arrested or charged for a gun crime in South Florida, it's in your best interest to have an experienced criminal defense lawyer on your side. Even if you have done nothing wrong, if you have been accused of a federal firearm offense or are being investigated for using a gun during a violent crime, you need to contact a Palm Beach gun lawyer as soon as possible. You may be facing expensive fines and even a mandatory minimum time behind bars.
At Bottari & Doyle, we've successfully defended clients against various types of weapons or firearms charges, including Discharge of a Firearm in Public, Improper Exhibition of a Weapon, and Illegal Possession of a Firearm. The South Florida gun lawyers at Bottari & Doyle will fight for your rights at every step of the way, and we can help obtain a favorable result in your case, such as a dismissal of the pending charge, a favorable plea deal, or a reduced criminal sentence.
Discharging a Firearm in Public or on Residential Property
To prove the crime of Discharging a Firearm in Public, the State must prove the following four elements beyond a reasonable doubt:
- Defendant knowingly discharged a firearm in a public place, or
- Defendant knowingly discharged a firearm on the right of way of a paved road, highway or street, or
- Defendant knowingly discharged a firearm over: the right of way of a paved public road, the right of way of a highway, the right of way of a street or occupied premises.
Discharging a Firearm in Public is a misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
Exhibition of a Dangerous Weapon
It is illegal to display a dirk, sword, sword cane, firearm, electric weapon or device in a rude, careless, angry or threatening manner to other people. A person who improperly exhibits a dangerous weapon commits a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
Possession of a Firearm by a Convicted Felon
According to Florida state law, it is unlawful for anyone to own or have possession, custody or control of any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device when:
- That person has been convicted of a felony, or
- That person had committed a delinquent act that would be a felony when committed by an adult and the person is under 24.
Possession can be hard for the state's attorneys to prove. There are two types of possession, actual and constructive. Actual possession of a firearm occurs when the firearm is: (1) on the person or (2) close enough to be within reach and the person can maintain control over it. Constructive possession of a firearm occurs when the firearm isn't on the person, but is in a place where the person can exert control over it.
In Florida, Possession of a Firearm by a Convicted Felon is a 2nd degree felony punishable by up to any combination of the following:
- 15 years in prison
- 15 years of probation
- $10,000 fine
Additionally, if a person is found to be in Actual Possession of a Firearm, then the judge must sentence the defendant to a minimum of three years in prison. There is no mandatory minimum sentence for a person found to be in Constructive Possession of a Firearm.
Do I need a Criminal Defense Lawyer for a gun or weapons crime?
Yes. If you've been charged with a Firearm or Weapons charge, you should speak to a South Florida criminal lawyer immediately to learn more about your rights, possible defenses, and the complicated legal system. Gun crimes are very serious in the state of Florida, and the potential penalties upon conviction can be severe. There is too much at stake for you to take a chance by “going it alone” without legal representation.
A skilled South Florida gun lawyer can make all the difference in the world when it comes to achieving a favorable outcome in your case. When it comes to your gun charge, the attorneys at Bottari & Doyle will look at the facts and weigh the strength of the prosecutor's case. Among other factors, our criminal defense lawyers will consider the following potential defenses to gun charges:
- Mistaken identity
- Illegal search and seizure
- Improper, inadequate, or absent Miranda warnings
- Improper questioning by investigators or police officers
Contact a Gun Lawyer at Bottari & Doyle
We defend clients charged with gun crimes across South Florida, including Palm Beach, Delray Beach, Boca Raton, Fort Lauderdale, Boynton Beach, and Lake Worth. We know the South Florida courts. Let our experience work for you to defend against your Illegal Firearm or Weapons charge. Contact us today to get started building your defense at 561-588-2781 for a free consultation.