Possession of a Firearm by a Convicted Felon in Orlando
In the state of Florida, weapons charges can result in serious legal consequences including jail time, fines, and a permanent criminal record. Some of the most common charges include the illegal possession of a weapon by a convicted felon, carrying a concealed weapon, improper exhibition of a weapon, and failure to register a firearm or gun. At Adams & Luka, our Orlando weapon defense attorneys are skilled, experienced, and dedicated to providing clients with the legal guidance and support essential to reaching positive results. Even if you have not been arrested or charged but are under investigation, it is vital that you take action immediately to protect your legal rights, freedom, and future.
The term "weapons" encompasses a wide array of items that may be used to inflict harm or injury on someone else. Not only are guns and knives considered weapons, but slingshots, machetes, pocket knives, razors, and nun chucks. Frequently, individuals are not even aware they are committing a crime. For example, someone who has been convicted of a felony crime may not know that under Florida law, he or she cannot possess a pistol, rifle, or other weapon. In order to avoid loss of your freedom and other harsh penalties, it is critical that you consult with an Orlando weapons charges lawyer who can begin work developing a defense strategy right away.Defenses to Weapons Charges in Florida
The defense strategy most effective in your particular case depends on the facts of your case. In some cases, preventing the state from proving all elements of the offense is effective. Prosecutors must prove every single element of a crime in order for the defendant to be convicted. For example, in showing that the alleged offender did commit the offense of carrying a concealed weapon, the prosecutor must prove beyond a reasonable doubt that:
- The defendant knowingly carried the weapon on or about his/her person;
- The weapon was concealed in a way that the ordinary sight of another individual would not detect its presence.
Common defenses to weapons charges include:
- Carrying a concealed weapon - a concealed weapon permit (CWP) is not required in Florida when a person has a firearm inside a holster which is placed in a closed console of a car or in the glove compartment. Also, carrying a concealed weapon does not apply if an individual is carrying a chemical spray or other non-lethal weapon in order to protect him- or herself, or a stun gun.
- Possession of a firearm by a convicted felon - an individual who has been convicted in the past for a crime and who has had his/her right to possess a firearm and civil rights restored may avoid a conviction for this crime.
- Improper exhibition of a weapon - self-defense is a defense often used to fight this charge, as an individual may have taken out the weapon in an effort to defend him- or herself. Additionally, the weapon may have been displayed, but not in a way that would have been considered a threat or unreasonable risk of harm to others.
The penalties an individual will face if found guilty depend on the offender's criminal history, and the offense he or she is charged with.
Carrying a concealed weapon that is not a firearm - a misdemeanor offense of the first degree, a conviction for this offense may result in a maximum of one (1) year in jail and maximum fines of $1,000.
Carrying a concealed weapon that is a firearm - a felony offense of the third degree, a conviction for this offense may result in a maximum of five (5) years in state prison and maximum fines of $5,000.
Improper exhibition of a weapon - a misdemeanor offense of the first degree, the penalties include a maximum of one (1) year in jail, along with fines of up to $1,000.
Possession of a firearm by a convicted felon - a felony offense of the second degree, a conviction may result in a maximum of fifteen (15) years in prison, and/or fines of up to $10,000. The penalties will be enhanced (more severe) in the event the offender was convicted previously of a felony crime that was gang-related.Contact Adams & Luka Now
As is clear from the above information, weapons charges should be taken very seriously. However, the fact that you have been arrested does not mean that you will be convicted. You are innocent until proven guilty beyond a reasonable doubt. At Adams & Luka, we intend to protect your innocence, and secure the best possible results in your case. We understand the importance of protecting your freedom, reputation, and career. For outstanding legal guidance and representation, contact our Orlando weapons charges attorneys now at (407) 872-0307 or (352) 787-2101. The consultation is free, so call today.