Tampa Weapon Crime Attorney
Gun & Firearm Defenses in Florida
In order to lawfully possess a weapon or firearm in the state of Florida, a person must adhere to the laws. Improperly possessing or carrying a weapon constitutes a criminal offense in this state, just as using a weapon to commit a criminal act is a criminal offense.
If you have been arrested for a weapon, gun or other firearm offense, contact a Tampa weapon crime defense lawyer from our firm. The advocates at Taracks & Associates can fight to defend your rights.
Illegally Carrying a Concealed Weapon
In this state, it is a first degree misdemeanor to carry a concealed weapon or electric weapon/device on his or her person. If the concealed weapon is a firearm, then the charge would be a third degree felony. There are some individuals to whom this statute does not apply, such as law enforcement officials.
Of course, Florida has a "Stand Your Ground" law, which allows the use of deadly force if a person feels threatened and in immediate danger of being injured or killed. Other self-defense weapons are permitted, such as pepper spray and nonlethal stun guns.
Illegal Possession of a Firearm
There are many other laws listed in Chapter 790 and elsewhere in the Florida Statutes that make certain possession and use of firearms and other weapons illegal. This might include illegally open carrying of a weapon, which is a second degree misdemeanor per § 790.053. Use of a weapon to commit various theft offenses such as the following can enhance the charges and penalties:
- Robbery
- Car theft
- Burglary
Criminal Offenses Involving the Use of Weapons
§ 790.07 of the Florida Statutes describes the criminal offense of possessing or using a weapon while being engaged in a criminal offense. In many cases, the charges for criminal offenses can be enhanced if a weapon was used. This type of activity can be charged as a second or third degree felony offense. One example is "Aggravated Assault" found in § 784.021 of the Florida Statutes, which involves the offense of assault that is accomplished with the use of a deadly weapon. This is a third degree felony.
Gun Rights for Convicted Felons
§ 790.23 of the Florida Statutes makes it illegal for a convicted felon, or a delinquent convicted of an equivalent offense, to possess firearms, ammunition or other related weapons. Individuals convicted in other states for offenses that would be a felony in Florida are also barred from possessing these weapons and ammunition in the state of Florida. This statute does allow for some convicted felons to have their weapons rights restored. Any convicted felon who is found in possession of these weapons or ammunition and has not had their weapons rights restored can be charged with a second degree felony.
Retaining a Tampa Gun Crime Lawyer
Here we have only covered a select few gun and weapon laws in Florida. If you have been arrested for one of these or any other type of firearm offense, please do not hesitate to contact our weapon offense law firm as soon as possible. We can provide you with a free evaluation of your case and begin building a strong defense to present to the judge and/or jury.
Contact the Tampa attorney at Taracks & Associates – the advocates for you.
Because Quality Representation Matters
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Helping Clients with Their Legal Challenges for over 30 Years
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More than 10,000 People Helped
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185 Jury Trials Handled
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The Experience of a Former Prosecutor
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Highly Recommended by Peers & Past Clients
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Free Initial Consultations
With more than 30 years of experience on both sides of the law, Attorney Barry Taracks has the knowledge and insight needed to build an effective defense for you.
Pursuing Great Results
Your Best Interest is Our Priority-
Domestic Violence Battery Case Dismissed
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Carrying a Concealed Weapon Charges Dismissed
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Possession of a Controlled Substance, D.V. Battery Charges Dismissed
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Conspiracy to Commit RICO Violation, Fradulent Use of Credit Card Sentence Reduced
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Street Racing Charges Dropped
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Petit Theft Charges Dismissed
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Possession of Cocaine Charges Dismissed
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Possession of Marijuana No Conviction
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Possession of Marijuana No Conviction
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Contempt of Court Released from Custody