In Florida, weapons charges can carry severe consequences, often resulting in hefty fines, imprisonment, and a tarnished reputation. Among the most serious weapons charges are those related to possession, use or trafficking of firearms and other dangerous weapons. Understanding these charges and the available defenses is vital for anyone facing such accusations.

The following are the most common weapons crimes charged:

• Possession of a firearm by a convicted felon —This offense is classified as a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Defenses may include challenging the legality of the search that led to the discovery of the firearm or arguing that the defendant did not knowingly possess it.

• Carrying a concealed weapon without a permit — Violating this law is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Defenses may include demonstrating that the weapon was not concealed or arguing that the defendant had a valid reason, such as self-defense, for carrying the weapon without a permit.

• Aggravated assault with a deadly weapon — This crime involves the use of a deadly weapon with the intent to cause fear or harm to another person. Defenses may include self-defense, defense of others, or disputing the alleged victim's perception of fear.

• Armed robbery — This crime involves the use of a weapon to steal property from another person. Defenses may include lack of intent, mistaken identity or coercion by others.

• Weapons trafficking — This is the illegal sale or distribution of firearms or other deadly weapons. Defenses could be entrapment, lack of knowledge or intent or challenging the sufficiency of the evidence presented by the prosecution.

• Use of firearms in commission of a felony — Florida’s “10/20/Life” statute calls for imposing mandatory minimum prison sentences for certain felonies involving the use of firearms, as follows:

  • 10 years for possession during the crime

  • 20 years if the firearm is discharged

  • 25 years to life if the firearm is discharged and causes death or serious bodily injury

Defenses to charges under the 10/20/Life statute may include challenging the sufficiency of the evidence linking the defendant to the firearm or arguing that the use of the firearm was justified under the circumstances. Additionally, an experienced Florida weapons crimes lawyer may be able to negotiate plea agreements with prosecutors to reduce the charges or penalties faces.

The Law Offices of Tad A. Yates, P.A. in Orlando defends clients accused of weapons and firearms violations throughout Florida. To protect your liberty, call me at 407-608-7777 or contact the firm online to schedule a consultation.