Use of a firearm during the commission of a crime

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Whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of that felony the person carries, displays, uses, or threatens to use the weapon felony for which the person is charged to be reclassified to a higher degree felony. If a minimum mandatory sentence applies for a weapons offense the minimum mandatory overrides the maximum statutory penalty.

If a person carries a firearm during the commission of a felony under Florida’s 10-20- life statute that person is subject to a 10 year minimum prison sentence. If a farm is discharged during the commission of a felony and does not strike a person, there is a 20 year minimum sentence. If a person is shot during the commission of a felony the mandatory 25 year minimum to life sentence may be applicable. These are, obviously, serious accusations. If a person has been arrested for or suspected of an offense involving a firearm that person should contact an experienced weapons offense defense attorney. They are defenses that can be explored and strategies that can be discussed.

Florida statutes do recognize certain mitigating factors for defense, and the facts of each individual case may present individual defenses to certain charges or degrees of offenses. These are matters which should be discussed with an experienced robbery or weapons offense defense attorney. Please see our section on experience and qualifications and contact us. We look forward to helping you.

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Larry Sandefer – Criminal Defense Attorney & DUI Defense Attorney

  • Over 30 Years Courtroom Experience
  • Former Lead Trial Lawyer & Division Director
  • Over 5000 Criminal Cases Handled
  • Hundreds of Jury Trials as sole or lead counsel