Defense of All Charges involving Firearms
Defense of 10-20-Life Offenses
Use of a Firearm During the Commission of a Crime
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 with a stiffer potential penalty.
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 firearm 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 a 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 gun or firearms defense attorney. Please see our section on experience and qualifications and contact us. We look forward to helping you. All consultations are free and held in the strictest of confidence.
Gun and firearm offenses in Pinellas County Florida
The Florida legislature has set out certain laws that explain what is necessary in order for a person to lawfully possess a weapon or firearm in Florida. This is found in Chapter 790 Florida statutes. It is illegal in most instances for a person to carry a concealed firearm without a permit. Carrying a concealed firearm without a permit is a third-degree felony punishable by up to five years in state prison. Unless a person is a convicted felon, it is not illegal to possess a firearm in one’s own home.
Possession of a firearm by a convicted felon is itself a felony. A withholding of adjudication ordinarily will not count as a prior conviction of a felony under this statute. Certain minimum mandatory sentences may apply for a felon in possession of a firearm. However, not being in actual possession but having constructive possession of the firearm may eliminate the minimum mandatory. Each case is fact specific and background specific. Call us to go over your particular case.
Florida’s sentencing code provides for the enhancement of certain sentences what a person carries either a firearm or a weapon during the commission of most offenses.
Larry Sandefer is an experienced gun and firearm defense attorney And a board-certified specialist in criminal trial law. He has successfully handles hundreds of cases involving the use or alleged use of firearms or guns.
- Over 35 Years Courtroom Experience
- Former Lead Trial Lawyer & Division Director
- Over 5000 Criminal Cases Handled
- Hundreds of Jury Trials as sole or lead counsel
- FREE Consultation with Larry Sandefer – Please feel free to contact us with a description of your needs, all initial consultations are free.