Possession of a Firearm During the Commission of a Felony
In Florida, unlawful possession of a firearm during the commission of a felony is treated as a particularly serious offense under the state’s 10/20/Life law.
This statute imposes mandatory minimum sentences: 10 years if a firearm is merely possessed during the felony, 20 years if the firearm is discharged, and 25 years to life if someone is injured or killed. The charge covers carrying, displaying, using, or threatening to use a firearm while committing crimes such as robbery, burglary, or aggravated assault.
Under Florida Statute § 790.07, this offense is classified as a second-degree felony, carrying penalties of up to 15 years in prison and fines up to $10,000, with stricter consequences for repeat offenders. The law is designed to deter violent crime by enforcing strict mandatory sentences and elevating felony classifications for crimes involving firearms.
Defense strategies vary depending on the circumstances of each case, but the legal consequences are severe, with long-term impacts on your criminal record, employment opportunities, and civil rights. Understanding these legal frameworks is critical if you’re facing such charges, as the penalties for unlawful firearm possession during a felony are among the most stringent in Florida law.
What Is an Example of Unlawful Possession?
Unlawful possession of a weapon occurs when someone possesses a weapon illegally, either by bypassing licensing requirements or due to prior convictions that prohibit firearm ownership.
An example of unlawful possession in Florida is carrying a concealed firearm without a permit. This offense is considered a third-degree felony, punishable by up to five years in prison, probation, and fines up to $5,000.
Another common scenario involves a convicted felon possessing a firearm, which is a second-degree felony carrying penalties of up to 15 years in prison and fines reaching $10,000 under Florida Statute § 790.23.
Florida law carefully regulates weapon possession to protect public safety. Unlawful possession also includes situations such as violating restraining orders, being underage, or holding a firearm while convicted of a felony. Consequences vary depending on the severity of the violation, ranging from fines and probation to lengthy prison sentences and permanent loss of firearm rights.
By understanding these examples, you can see how Florida defines unlawful possession and why authorities treat these offenses with seriousness. Knowing the legal framework can also help you navigate charges effectively and protect your rights if faced with such accusations.
Have You Been Charged with Unlawful Possession of a Weapon During the Commission of a Felony?
Committing a crime is one thing. Possession of a Firearm During the Commission of a Felony is an entirely different scenario that comes with more severe penalties. In Miami, Florida, being charged with unlawful possession of a weapon comes with serious legal ramifications.
How Serious is Being Charged With Possession of a Firearm During the Commission of a Felony in Miami?
In Miami, Florida, committing a crime with unlawful possession of a weapon is often charged as a felony, making it necessary to try to get the charge reduced by hiring an attorney who knows the ins and outs of the law. Possession of a firearm during the commission of a felony often turns what would normally be a misdemeanor offense into a felony. It is important to know that a weapon does not have to be used when committing a crime to be charged with weapon possession. Unlawful possession of a weapon just has to be on the person who is being charged with committing the crime.
In an attempt to decrease the number of possession of a weapon charges that occur in Miami, Florida, the 10/20/Life law has been created. The punishments for the 10/20/Life law include the following:
- A mandatory minimum sentence of 10 years if the accused has a gun during the commission of a crime.
- If a gun is fired during the commission of a crime, there is a minimum sentence of 20 years in prison.
- If someone is either hurt or killed with a weapon during the commission of a crime, there is a mandatory minimum sentence of 25 years to life in prison.
What Are The Types of Weapon Offenses in Miami?
There is an abundance of weapon offenses in Miami, Florida. They are:
- Possession of an illegal weapon.
- Unlawful possession of a weapon/firearm.
- Possession of a concealed firearm.
- Possession of a deadly weapon or firearm in the commission of a crime.
- Brandishing a deadly weapon in the commission of a crime.
- Discharging a firearm in the commission of a crime.
- Causing injury or death with a weapon during the commission of a crime.
How Can an Expert Weapon Offenses Lawyer in Miami Help Me?
Make no mistake: Miami, Florida’s gun control laws are considered to be some of the toughest throughout the country. Remember that every criminal case is unique with its own special circumstances. The best attorneys treat each unlawful possession of weapon case they encounter differently, making sure to cater a defense that will best suit their client.
What Do I Do If I’m Charged With Possession of a Weapon During the Commission of a Crime in Miami?
If you or someone you know has been charged with unlawful possession of a weapon, without proper representation, it is more than likely that serious penalties are going to have to be faced. A qualified attorney will be able to assess each arrest, looking very closely at the loopholes to see how they can get the charges reduced or even dropped.
Violent crimes with weapon possession have been decreasing at a steady rate according to the Florida Department of Corrections. State prosecutors are going to stop at nothing to make sure that the defendants accused of weapon possession crimes get the punishment that they deem necessary.
If you have been charged with unlawful possession of a weapon crime, it does not mean that you had the intent to participate in a crime. The best chance one has at avoiding severe penalties is by getting the skilled services of a Florida attorney who has had past success in defending individuals committing the crime of weapon possession.
The Firm That Can Help You With Charges of Possession of a Firearm During the Commission of a Felony
If you’re facing charges of possession of a firearm during the commission of a felony, you need immediate, experienced legal guidance.
At Galanter Law, P.A., we understand the stress, uncertainty, and potential life-altering consequences that come with such serious charges. Our team of criminal defense lawyers in Miami is dedicated to guiding you through every step of the legal process while crafting a defense strategy tailored to your unique situation.
With years of courtroom experience, we handle cases ranging from misdemeanors to complex felonies, including firearm-related offenses. We meticulously investigate the facts, analyze the evidence, and challenge every aspect of the prosecution’s case to achieve the best possible outcome.
By choosing Galanter Law, P.A., you gain a committed legal team that prioritizes your rights, defends your future, and provides the support and clarity you need during this difficult time. No matter the circumstances, we stand ready to fight for you and protect your interests in Miami, Fort Lauderdale, and throughout Florida. Contact us today.
