Weapons Charges in Miami Florida

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Introduction to Weapons Charges and Firearms Offenses in Miami

Currently in the U.S. there is a high rate of people who own guns legally or illegally in order to protect themselves or to perform any type of crime, such as homicides, assaults, robberies, etc.

The state of Florida is known for a high level of weapons-related charges. Between 2003 and 2008 more than 60.000 illegal weapons that were abandoned at the scene of crimes.

Based on these statistics the state of Florida stated certain measures forcing individuals owning a gun to meet certain requirements without violating the constitutional rights of possession of weapons featuring the countrys laws. Florida legislature has defined who cannot possess a weapon:

  • An individual who is under 16 years old, except that the weapon is at home under parental supervision and of course not loaded up.
  • One found to be a drug addict.
  • One found mentally ill.
  • Anyone convicted of a felony and the civil rights have not been restored.

The punishment resulting from a conviction under these charges can go from a misdemeanor to a felony; it depends on the circumstances of the case.

Types of Firearms Charges in Miami

In the state of Florida there are several types of weapon-related charges, among which are mentioned below:

  • Illegal possession of firearms.
  • Gun trafficking.
  • Possession of concealed weapons.
  • The making of firearms.
  • The shooting of firearms.
  • The use of weapons under the influence of drugs and alcohol.
  • The use of weapons by children under age.

Possession of an Illegal Firearm

The Florida state restricts weapon possession in a diversity of contexts. It is also required to have a license, permit or certificate for firearm possession. In case of minors, the first offense is considered a first degree misdemeanor, punishable up to 3 days detention and 100 hours of community service. The sub-sequence offense is considered a third degree felony and is punishable by up to 15 days detention and 100 to 250 hours of community service.

For convicted felons, the law considers the possession of illegal firearms as a second degree felony condemned by up to 15 years imprisonment, a fine of up to 10,000, or both.

Possession of a Stolen Firearm

The possession of a stolen gun is a serious charge in Florida, as the law encompasses the concepts of illegal possession of a handgun with the unlawful possession of stolen property, both of which may be felony charges. The only possession of a stolen firearm is considered a third degree felony, at least and perhaps a second or even a felony of the first degree with the presence of particular facts that go against the defendant.

Assault with a Deadly Weapon/Aggravated Battery

Firearms Offenses Weapons Charges

Battery is known as an unlawful act of touching or striking intentionally other individual opposite to the will of that person or causing bodily harm to another person.

Aggravated battery is a second degree felony and occurs when a person intentionally or knowingly causes considerable bodily injury, permanent impairment and or permanent deformation to another person.

It happens when the victim of the battery was a pregnant woman at the time the offense occurred and the offender knew that the victim was pregnant.

Deadly Weapon is a gun, element, or instrument, which is used or intended to be used in a way that is likely to cause death. A prosecutor must prove not only that the accused assaulted the victim, but did so with a instrument that was capable of causing death.

Assault is an intentional and unlawful threat by word or act to another person.

Aggravated battery with a weapon is basically the same as aggravated battery with a deadly weapon or assault with a deadly weapon. It carries a sentence of up to 15 years of imprisonment, though the real likely penalties are far more severe. According to Florida laws, anyone charged with shooting another and causing injury is sentence to 25 years mandatory up to life in prison.

Concealed Weapons Charges

Florida state laws forbid anyone from bearing a concealed arm without acquiring a proper license to do so. If an individual is convicted to be carrying a concealed weapon with no permission, he or she can be charged with a third-degree felony and be sentenced up to five years in prison.
Carrying a concealed weapon without proper authorization can bring about significant punishments such as fines, jail and probation.

Firearm and Weapons Charges

In the state of Florida, firearm and weapons charges can have very serious consequences, particularly if it is accompanied by another criminal charge. Some of the weapons charges are carrying a concealed weapon, possession of unregistered or stolen weapons, bringing a weapon to school and illegal discharge of a firearm among others.

The 10-20-Life law states that if a weapon is used to commit a crime, the punishments are increased, prison sentence is mandatory and there are different penalties for possessing a firearm, firing a firearm and injuring someone. The penalties go from 10 years in prison to 25 years to life.

Why is it important to hire a Criminal Defense Attorney for Weapons Charges in Miami?

Many people in Miami are accused of committing a crime related to firearms, so it is very important to have the advice of someone with experience in the legal matter and to get the best judgment for charges related to guns.

No weapons-related charges in Florida should be taken lightly. The criminal defense attorneys in Miami Dade County aware of the rights of clients and the laws governing crimes related to firearms are willing to protect your rights.

Contact a criminal defense attorney, since these offenses could be considered felonies and can lead to severe sentences. You do not need to pass through this difficult period without adequate help; every defendant has the right to have a criminal defense lawyer.

Criminal Defense Attorney for Weapons Charges in Miami

Gallardo Law Firm and its Criminal Defense Lawyers in Miami Florida

Our criminal defense lawyers represent clients throughout Florida. Conveniently located in Miami , Gallardo attorneys knows the criminal laws and the judicial system which is why they work hard on every case, so you will not have to do any hard time.

Gallardo Law Firm provides representation to individuals and corporations facing criminal charges in South Florida. We understand the agony and mental pressure that an accused person of crime experiences, not only the person charged, but the family as well. We will help you with the highest quality representation.

Gallardo Law Firm and her Miami Criminal Defense attorney have successfully defended clients who have found themselves charged with criminal offenses all over Florida.


Criminal Defense Lawyers in Miami Florida

Frequently asked and answered questions about Weapons Charges in Miami

To legally carry guns in Florida an individual needs to primarily be a permanent resident of the state. Visitors should carry the weapon at all times and that can be considered a danger to the community, but if you bring a city permit from the city you reside or get a temporary permit in Miami that lets you keep the gun.
First, you choose a firearm at a license gun dealer. Then, you fill out the BATF form 4473 given to you by the dealer to check your background. You are requires to provide a valid form of identification. The dealer contact your information and determine your eligibility to purchase a firearm.
For those who commit serious crimes can be deported even if they are legal residents of the country. The truth is that the legal resident can be deported from the United States if he/she commits a felony. Illegal possession of weapons may also be considered a serious offense and lead to a deportation. If this is the case it is very important to get legal representation not only for illegal possession of firearms, but also to the change in immigration status that might appear.
Illegal possession of firearms is considered a federal crime and especially if it is used in crimes affecting the national security.
It may be obtained from FDLE (Florida Department of Law Enforcement) for specific fee using the online site criminal history search, by mail or by visiting your city police department.
The answer is yes; under federal law a firearm authorization be issued by any state does not excused you.
There are several requirements to buy a handgun in the state of Florida.
They include:
  • Individuals must be 21 years of age or older.
  • Background check.
  • Mandatory three days waiting period if the individual does not carry a valid concealed weapon permit.
Unfortunately, the only way you will find out is visiting the dealer where you did the purchase; if the dealer doesnt exist ever, you need to contact the National Tracing Center though they only keeps records of firearms purchased from federally licensed gun dealers.