Tampa Gun Crimes Defense Attorney

Gun charges in Tampa often carry serious consequences that can affect your future, freedom, and reputation. Many of these cases involve mandatory prison sentences under Florida law, even for first-time offenders. Having a Tampa gun crimes defense attorney who understands how prosecutors build their cases and how to challenge them can make a significant difference in the outcome.

 

If you’re under investigation or have been arrested for a gun-related offense, the sooner you have legal representation, the more options you’ll have for protecting your future. Our attorneys can review the evidence, explain your rights, and help you take the next step toward a strong defense strategy. Contact us now for a free consultation.

Key Takeaways: Gun Charges in FL

• Gun crime charges in Florida carry severe mandatory minimum sentences that can result in years or decades in prison, making immediate legal representation critical
• Florida’s 10-20-Life law imposes harsh penalties: 10 years for possession during certain felonies, 20 years for discharge, and 25 years to life if someone is injured or killed
• Many gun charges can be defended through challenging illegal searches, proving lack of knowledge or possession, or negotiating reduced charges
• A conviction for a felony gun crime results in permanent loss of Second Amendment rights under both Florida and federal law
• Early intervention by an experienced defense attorney can mean the difference between conviction and case dismissal, or between maximum sentences and alternative sentencing options

Differences Between Misdemeanor and Felony Gun Charges

A misdemeanor gun offense generally involves carrying or possessing a firearm in violation of permit laws or failing to comply with restrictions. These offenses may result in up to a year in county jail.

Felony gun crimes, such as possessing a firearm as a convicted felon or using a gun during another felony, carry far longer prison sentences and heavy fines. Felony convictions also result in permanent loss of firearm rights.

Federal vs. State Gun Crime Prosecutions

Some gun cases fall under federal jurisdiction, especially those involving interstate trafficking, use of firearms in drug crimes, or possession by prohibited individuals under federal law.

Federal prosecutors often seek harsher penalties, and federal sentencing guidelines limit judicial discretion. Defense in these cases requires careful coordination between state and federal laws to prevent overlapping charges.

Common Gun Charges in Tampa

Law enforcement in Tampa, from downtown patrols to Ybor City nightlife districts, frequently investigates gun-related offenses. Each type of charge carries unique legal elements that the prosecution must prove.

Carrying a Concealed Firearm Without a Permit (Florida Statute 790.01)

Florida requires a concealed carry license to lawfully carry a hidden firearm. Carrying a concealed firearm without one is a third-degree felony, punishable by up to five years in prison. However, the state must prove that the weapon was truly concealed and that the individual knew it was accessible for immediate use.

Possession of a Firearm by a Convicted Felon (Florida Statute 790.23)

Convicted felons in Florida lose their right to possess or control firearms. A violation is a second-degree felony that can result in up to fifteen years in prison. The law applies even if the gun wasn’t used, fired, or owned by the individual.

Improper Exhibition of a Firearm (Florida Statute 790.10)

Improper exhibition involves displaying or waving a gun in a threatening or reckless way, even without firing it. Prosecutors must show intent to threaten or alarm another person. This is a first-degree misdemeanor, carrying up to one year in jail.

Discharging a Firearm in Public (Florida Statute 790.15)

Discharging a firearm in public places like parks, streets, or near occupied buildings is a first-degree misdemeanor. In some cases, it can rise to a felony if the discharge endangers others. Law enforcement often files this charge in areas like Busch Gardens or Channelside where large crowds gather.

Possession of a Firearm During Commission of a Felony

Carrying or using a firearm while committing another felony increases penalties under Florida’s sentencing laws. This enhancement applies even if the weapon was not fired. The state’s 10-20-Life law often controls sentencing in these cases.

Trafficking in Firearms

Trafficking involves the sale or transport of large numbers of guns without proper licensing or in violation of state or federal laws. Federal agencies often participate in these investigations, and convictions can lead to extensive prison terms and forfeiture of assets.

What Are the Penalties for Gun Crimes in Tampa?

Penalties for gun crimes depend on the charge, criminal history, and whether the firearm was used or displayed. Florida’s sentencing structure leaves little room for leniency once a conviction occurs.

Florida’s 10-20-Life Mandatory Minimum Sentencing Law

This law imposes strict minimum prison terms:

• 10 years for possessing a gun during certain felonies
• 20 years for firing a gun
• 25 years to life if someone is injured or killed
  Judges have limited discretion to deviate from these terms once the state proves the firearm was involved.

Enhanced Penalties for Prior Convictions

Repeat offenders often receive longer sentences under Florida’s habitual offender laws. Prior convictions for violent or gun-related crimes increase both the likelihood of prison and the minimum sentence allowed by law.

Consequences of Federal Gun Crime Convictions

Federal sentencing follows guideline ranges, often resulting in longer incarceration than state court for the same conduct. Federal convictions also eliminate opportunities for parole and may carry additional fines or forfeiture orders.

Long-Term Impact on Your Criminal Record and Rights

Gun convictions often lead to loss of civil rights, including voting and firearm ownership. These charges also affect employment, housing, and professional licensing. Even after serving time, individuals may continue to experience barriers that affect their daily lives.

Can I Be Charged If I Didn’t Know the Gun Was There?

In Tampa, police often arrest multiple people when a firearm is discovered in a car, apartment, or shared space. Prosecutors then decide who had actual or constructive possession.

Actual vs. Constructive Possession in Florida

• Actual possession means the firearm was found on your person, such as in your hand, waistband, or bag.
• Constructive possession means the firearm was nearby and you allegedly had control or knowledge of it.

The distinction matters because constructive possession relies heavily on circumstantial evidence.

Proving Knowledge and Intent

The state must show that the accused knew the gun existed and had the ability to control it. If someone else placed the firearm under a seat or in a shared home, proving intent becomes difficult.

Defending Against Constructive Possession Charges

A skilled defense attorney may argue that multiple people had access to the area or that fingerprints and DNA don’t connect the accused to the weapon. Evidence showing lack of awareness or control can lead to case dismissal.

What Defenses Are Available for Gun Crime Charges?

Gun crime defenses depend on the circumstances of the arrest, how evidence was collected, and the actions of law enforcement.

Self-Defense and Florida’s Stand Your Ground Law

Florida’s Stand Your Ground law allows individuals to use lawful force to protect themselves without retreating. If a firearm was used legally for self-defense, charges may be dropped or reduced.

Illegal Search and Seizure Under the Fourth Amendment

If police searched your vehicle, home, or person without a valid warrant or probable cause, any evidence obtained may be suppressed. This often leads to dismissal or reduction of charges.

Improper Police Procedures and Chain of Custody Issues

When officers mishandle evidence or fail to document how a weapon was stored, the reliability of that evidence comes into question. These issues can lead to suppression or exclusion at trial.

Lack of Knowledge or Possession

When the prosecution cannot prove you knew about the firearm or had access to it, the case may fall apart. For instance, if someone borrowed your car and left a gun inside, you may have a strong defense.

Florida’s Concealed Carry Laws and Permit Violations

Florida law allows responsible gun owners to carry concealed firearms, but strict regulations govern the process.

Who Qualifies for a Concealed Carry Permit in Florida

Applicants must be at least 21 years old, pass a background check, and complete a firearms safety course. Certain criminal convictions or restraining orders may disqualify applicants.

Common Permit Violations and Their Penalties

Violations include carrying a concealed weapon in prohibited locations, such as schools, government buildings, or airports. Penalties range from fines to suspension or revocation of the permit.

Defending Against Permit-Related Charges

Defense strategies may involve proving that the firearm wasn’t concealed or that the defendant believed they were legally permitted to carry. Sometimes, confusion about permit status leads to arrests that can be resolved quickly.

Can My Gun Rights Be Restored After a Conviction?

Losing the right to own or possess firearms after a conviction doesn’t always mean permanent loss.

Florida’s Process for Restoration of Civil Rights

After completing all terms of a sentence, including probation and restitution, individuals may apply to the Florida Clemency Board for restoration of civil rights. This process can take several years and requires a thorough review.

Federal Restrictions on Gun Ownership

Federal law may still prohibit gun ownership even if state rights are restored. Coordination between state and federal authorities determines eligibility, which is why experienced legal guidance helps avoid future violations.

Expungement and Sealing of Gun Crime Records

Some misdemeanor or dismissed gun charges may qualify for expungement or sealing. This limits public access to the record, improving employment and housing opportunities.

How Our Attorneys Can Help

Taracks & Associates has built a strong reputation for defending clients in firearm-related cases throughout Tampa Bay. We focus on protecting constitutional rights, reducing exposure to harsh penalties, and giving clients a clear understanding of their legal options.

Immediate Investigation and Evidence Preservation

Our team reviews police reports, witness statements, and video evidence right away. Early intervention allows us to identify errors or inconsistencies before they become barriers to defense.

Challenging Unlawful Searches and Violations of Constitutional Rights

We examine whether officers followed lawful procedures. Any violation of the Fourth or Fifth Amendment can lead to dismissal of evidence.

Negotiating Reduced Charges or Alternative Sentencing

Sometimes, the best outcome involves avoiding prison through plea agreements, diversion programs, or community sanctions. We work toward solutions that protect long-term interests.

Building a Strong Defense Strategy for Trial

Every detail of a gun case matters. We develop tailored defense strategies that address the specific facts, from forensic evidence to witness credibility.

Protecting Your Second Amendment Rights

We advocate for clients’ right to fair treatment under both state and federal law, helping preserve lawful gun ownership whenever possible.

Frequently Asked Questions About Gun Crime Charges in FL

What should I do if I’m arrested for a gun crime in Tampa?

Stay calm and exercise your right to remain silent. Request an attorney immediately and avoid discussing your case with police or anyone else.

Can I get probation instead of prison time for a gun charge?

Probation is possible for certain offenses, particularly if the gun wasn’t used during another crime and the defendant has no prior record. Sentencing depends on the charge and the court’s discretion.

Will I lose my concealed carry permit if I’m charged with a gun crime?

An arrest can lead to temporary suspension, while a conviction often results in permanent revocation. You may be eligible to reapply after meeting specific conditions.

How does Florida’s Stand Your Ground law affect my gun crime case?

This law allows you to use force in self-defense without retreating if you reasonably believe you’re in danger. If justified, prosecutors may drop the charges.

Can a gun crime charge be reduced or dismissed?

Yes, depending on the evidence. Charges may be reduced or dismissed if police violated your rights, evidence is weak, or witnesses are unreliable.

Contact Our Experienced Gun Crimes Defense Attorneys in Florida Now

Gun charges carry severe penalties, and early legal help often determines how the case unfolds. At Taracks & Associates, we use our experience, skill, and deep understanding of Florida’s firearm laws to fight for fair treatment and justice for our clients.

Our attorneys stand ready to review your situation, explain your legal options, and begin protecting your rights immediately. Contact us today for a no-cost, confidential consultation.