Tampa Gun Charge Defense Lawyer

A Tampa Gun Charge Defense Lawyer Fights for Your Rights

Have you been charged with a gun crime or firearms possession? It’s important to act quickly and secure the services of a Tampa gun charge lawyer to protect your rights and your future. The state of Florida can enact severe penalties on people who commit a crime with a firearm or who are found to be unlawfully in possession of a firearm. You can be certain that the Hillsborough County prosecutor will seek to convict you, stripping away your freedom. Act now and contact Taracks and Associates to speak to a skilled criminal defense and Tampa gun charge defense lawyer.

Our legal team is committed to providing you with a vigorous defense in court. Our lawyer’s prior experience as a prosecutor means we have unique insight into the workings of the other side. Our deep knowledge of Florida criminal laws and how the legal system operates can benefit you. We will give you a free case review — just call us at 813-281-2897.

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Types of Gun Charges in Florida

Our Gun Charge Defense Lawyers Protect Your Rights After an Arrest

Gun-related charges can cover anything from using the gun in a commission of a crime to simply not having a proper permit. These are some of the most common gun charges that many people face:

  • Improper exhibition of a deadly weapon or firearm
  • Possessing a firearm as a convicted felon
  • Carrying a concealed gun without the proper permit
  • Aggravated assault with a deadly weapon
  • Aggravated battery with a deadly weapon
  • Armed kidnapping
  • Armed burglary
  • Possession of illegal drugs while armed
  • Trafficking in illegal drugs while armed
  • Shooting deadly missiles.

These aren’t the only gun crimes you can be arrested for in Tampa, Hillsborough County, or Florida. For example, you may have the correct permit to carry a concealed weapon but enter an establishment that prohibits firearms. Furthermore, suppose that you have a firearm in your possession while committing any other crime. Even if you aren’t using the gun — or even holding it — you may also receive a gun crimes charge in addition to the charges for the initial crime.

Gun Charge Minimum Sentences in Florida

Florida recently enacted a law, the 10-20-Life Mandatory Minimum Sentence, which applies to felonies in which a gun is used. The law introduces certain mandatory minimum sentences, and the requirements are as follows:

  • 10-year minimum prison sentence for carrying a firearm during the commission of certain felonies
  • 20-year minimum prison sentence for discharging a firearm
  • 25-year minimum prison sentence if someone is shot and killed, with up to a life sentence possible.

Under this law, judges must impose the mandatory minimum sentence. Extenuating circumstances are not considered; if you are found guilty, the judge’s hands are tied. Furthermore, defendants are not eligible for any “gained time” or credit for time served while awaiting trial or during their trial. This is why, if you’ve been charged with a gun crime in Florida, you should hire an experienced gun charge attorney to represent you.

Frequently Asked Questions About Florida Gun Crimes

After you’ve been arrested, you’re probably scared, worried, and unsure of what to do next. Remember, you have rights after an arrest, and one of those rights is to have a lawyer present if police wish to question you. One of your very first steps should be to hire a gun charge lawyer who knows Florida criminal statutes.

If your charge does not have a minimum prison penalty, such as an issue with your permit, you may consider simply pleading guilty and serving your jail time or paying your fine. However, once you plead guilty, you will have a gun charge on your record. This may impact your right to own a firearm now or in the future. It can also affect your employment or housing prospects. It’s better to hire a Tampa gun charge lawyer who will work to protect your rights.

Not all criminal defense lawyers are equal in ability. Yes, all lawyers have knowledge of Florida law, but to protect your freedom, you need abilities beyond book knowledge. You should ask yourself these questions: Will my gun charge lawyer aggressively defend my case in court? Do they have the experience I need and the knowledge of how the Hillsborough County justice system operates to protect my rights?

Barry Taracks of Taracks and Associates has over 30 years of experience, including time spent as a state prosecutor, and his knowledge and formidable trial experience will work to your benefit.

After being arrested for a Tampa gun charge, you’ll be transported to the Hillsborough County jail for processing. You will have to provide personal information and identification, and there will be a search to see if there are open warrants or you have a criminal history.

If you have been charged with a felony, then you will either have a scheduled bond, in which you can pay a bondsman for release until your trial, or you may have to appear before a judge in person, depending on your charge. When, exactly, you receive the opportunity to call a gun charge attorney may depend on how quickly you’re able to be processed. Remember, you do not have to answer police questions until your attorney is present.

The length of time between your initial arrest and the conclusion of your case can vary. You are entitled to a speedy trial, but if the circumstances surrounding your charge are complicated, your Tampa gun charge lawyer may need some time to prepare the best possible defense for you. Some cases are clear-cut, and we can resolve the issue through a plea bargain within a few months. We will discuss your particular circumstances one on one.

Gun charges in Florida can be complicated, and each case is different. When you meet with the Taracks and Associates legal team, we will go over what your charges mean, what the sentencing requirement for each one is, and what to expect during each stage of your case. We know this is a stressful and frightening time for you, and we’re here to answer all of your questions.

Yes! Regardless of what you did or did not do, having an advocate who knows the law is always in your best interests. When you are arrested and charged with a crime, the prosecutor isn’t looking to give you any breaks. Do you want to face this alone? Your lawyer may be able to work out a better deal for your case with the district attorney.

Taracks and Associates: Why Choose Us to Fight Your Gun Charge in Florida?

Former Tampa Prosecutor Now Fighting for You

You can benefit from the experience of a gun charge lawyer who understands both sides of the courtroom. As a former prosecutor, Barry Taracks, the founder of Taracks and Associates, has firsthand knowledge about how Hillsborough prosecutors handle serious cases like gun crimes. As a criminal defense attorney, Mr. Taracks can give you a clearer picture of how your case will likely unfold.

We begin your defense with our own independent investigation of the evidence presented against you. There could be police errors, such as a failure to have probable cause for stopping or searching you. Or perhaps the officers overstepped the legal bounds of a search or unlawfully entered your premises without a warrant. Any of these errors could help your case.

Our legal team is prepared to defend you aggressively at every step of the way. Contacting our gun charge defense lawyer may significantly increase the chances of a favorable outcome in your case, up to and including:

  • A dismissed firearm charge
  • A reduction of your initial charge
  • A not-guilty verdict at trial.

Each case is different, and the outcome of any firearms charge is never certain. However, you can count on Taracks and Associates to help you understand your options under the law and to provide a vigorous defense of your rights.

 

Florida Laws and Statutes Concerning Firearms

Florida gun laws can be complex, from the types of weapons permitted under specific carry permits to what constitutes a firearm. Gun charges, even ones that may have arisen because you misunderstood what your permit allowed you to own, are always serious. They have the potential to result in long prison sentences. But a gun charge attorney will fight to protect your rights and work toward the best possible outcome for your case.

Florida Laws About Concealed Carry

Florida law prohibits an individual from carrying a concealed firearm unless the person has a valid, current Concealed Weapon License. In order to convict someone on this charge, a prosecutor must prove the following:

  • The individual knowingly carried a firearm on or about their person.
  • The firearm was concealed from the ordinary sight of another person.

Unlawful carrying of a concealed firearm is a third-degree felony in Florida. The maximum sentence is five years in prison.

Felony Convictions and Possession of a Firearm in Florida

Florida law also prohibits a person who has been convicted of a felony from owning a firearm. In order to convict someone with this charge, the prosecutor must prove the following:

  • The individual had been convicted of a felony (a withhold of adjudication is not considered to be a conviction).
  • After the person was convicted, they then knowingly possessed a firearm.

Having an attorney on your side with a charge like this can help you protect your rights.

Many people may wonder, however, what the term “possessing” a firearm means. Does it mean they personally purchased a weapon? What if their spouse had a firearm in the house — would that be possession?

Under Florida law, a person can “possess” a firearm in two ways. In the first way, they must have actual possession of the weapon. This means that the person is aware of the firearm’s presence, and one of the following is also true:

  • It is in their hand or
  • It is in a container in their hand (like a gun case or a purse) or
  • It is close enough to be in ready reach and is under their control (such as lying on the table in front of them).

The second way that Florida considers someone to be in possession of a firearm is “constructive possession” of the weapon. This means that the individual is aware of the weapon’s presence; it is in a place over which the individual has control, such as their home; and they have the ability to control the firearm. For example, someone may know that there is a gun in a shoebox in the hall closet and they may be able to walk to the hall closet, remove the box, and obtain control of the weapon within.

One of the things that your gun charge attorney will establish is whether all the conditions of being in possession of a firearm were met in your case.

Penalties in Florida for Possessing a Firearm as a Convicted Felon

A convicted felon charged with possessing a firearm in Florida faces a second-degree felony. The maximum sentence for this is:

  • 15 years in prison
  • A fine of up to $10,000
  • 15 years of probation.

If the individual is convicted of actually possessing the firearm, a judge is required to impose a mandatory three-year minimum prison sentence. However, this is just the minimum sentence. You could be looking at even more jail time, depending on your circumstances.

Do You Need a Skilled Tampa Gun Charge Defense Lawyer?

If you’ve been arrested on a firearms charge in Tampa or Hillsborough County, we can help. The Taracks and Associates team represents those who have been accused of a crime involving a firearm, including people who are convicted felons. We believe that you are entitled to a vigorous defense of your rights, and we fight for your interests. As a former prosecutor and now a criminal defense attorney, Barry Taracks has a full understanding of how gun charges in Florida work.

If you or a loved one has been arrested on a gun charge in Florida, call us today at 813-281-2897 for a free case review.

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