Gun Crime Lawyers in Orlando

Defending Your Rights in Court

While all criminal charges are serious, gun crimes carry severe penalties that can impact your life for years to come. Florida law is harsh on gun-related crime convictions, especially in the wake of recent mass shootings. Similarly, laws related to guns are constantly changing. Therefore, seeking legal advice from an experienced team of criminal defense lawyers is essential if you are facing gun charges.

At Alain Rivas & Associates, P.A., we are dedicated to protecting your rights in and out of court. We always aim to reduce or remove the charges you are facing using personalized legal defense strategies tailored to your case. We understand how overwhelming it can be to face criminal charges, and we are confident we can help you through this difficult time. For a free consultation and to learn more about our services, contact our law firm today by calling 407-934-0324.

What is Permissible Carry in Florida?

Your Second Amendment rights allow you to keep and carry firearms if you do so lawfully. States have the right to place further restrictions on this right, but generally, Florida is fairly lenient with regulations toward guns, including owning and carrying them.

If you would like to carry a firearm in public, you must obtain a Carrying a Concealed Weapon (CCW) license. Getting this license in Florida isn’t difficult, as local law enforcement will issue this permit if you meet all the required qualifications.

If you have a CCW license, you can carry weapons on your person and in your car. You can also possess weapons in most state parks. You also do not have to inform officers that you are carrying guns if you are searched. If you enter an establishment with a “no weapons allowed” sign, you cannot be penalized, as these signs are generally unenforceable in the state of Florida.

How Do Prosecutors Establish Possession?

When a gun crime case goes to court, prosecutors are required to provide guilt beyond a reasonable doubt. To do so, they must prove all of the elements of possession of a firearm. Otherwise, the gun crime charge is invalid, and the individual cannot be convicted.

Below are the elements that prosecutors must prove in court:

Reasonable Suspicion

If an officer pulls you over or asks you to stop, they must have reasonable suspicion that you are carrying a weapon illegally. Determining that an individual is carrying a weapon is not difficult, but the officers must also be reasonably suspicious that the weapon is illegal. If officers did not have proof that you were carrying a weapon illegally, this could be classified as an unlawful search.

Proximity

If a weapon is near you but not on you, prosecutors must prove that the gun was at least nearby and on or in the property you own. For instance, if you are pulled over while driving, and there is a gun in your passenger seat, you could be charged with a gun crime. Similarly, having a gun in the same room as you often counts as proximity.

Knowledge

You must know that an illegal firearm is present. Prosecutors must determine that you specifically knew about the gun and where it was, not just that there was something vaguely illegal on the property or in the car. If you were a guest in someone’s home or not driving the vehicle the gun was found in, knowledge can be difficult to prove.

Control

Control refers to owning or controlling the location the gun is in. For instance, if you store a gun in your locker at work, you have control over it because you are likely the only person with the key to that specific locker.

What Are the Potential Penalties for a Gun Crime Conviction?

For most gun crimes, jail time and hefty fines are on the table. If you are convicted of a felony, you will be unable to own firearms in the future. You may also be required to complete community service and probation for misdemeanor charges.

An unlicensed carry of a concealed weapon is a first-degree misdemeanor and can result in one year in jail and fines of up to $1,000. Open carry of a weapon is a second-degree misdemeanor and is punishable by $500 in fines and up to 60 days in jail.

What Are the Most Common Defenses Against Gun Crime Charges?

While a weapons offense can be a frightening charge to face, our team can help you build a solid defense strategy to present in court.

Below are some common defenses against weapons charges that may apply to your case:

• Unlawful search and seizure. All police officers must have probable cause to stop and search citizens. Our team can argue that there was no probable cause, making your arrest unlawful.
• Self-defense. Discharging a gun can be explained by protecting yourself, your family members, or your property. If you believed you were in immediate danger, this could explain your use of deadly force.

Should I Consult a Gun Crime Attorney?

Weapon charges are serious offenses that can disrupt your life forever. State and federal gun laws are notoriously harsh, punishing gun owners for even simple mistakes. Becoming a convicted felon can hinder you from gaining employment, securing housing, or applying for educational opportunities. The best way to protect your future and your freedom is by hiring a team of experienced criminal defense attorneys.

Our team at Alain Rivas & Associates, P.A., is confident we can assist you with any criminal charges you are facing. Don’t hesitate to reach out to us if you are facing jail time and other penalties. Contact us for a free consultation by calling 407-934-0324.