Tampa Gun Crimes Defense Attorney

The U.S. Constitution’s Second Amendment does not prevent you from being charged with and convicted of certain gun crimes in Tampa. Being convicted of one of these offenses can affect your ability to possess a firearm lawfully and can lead to probation or jail time. These and other potential consequences are why you should retain an experienced Tampa gun crime lawyer.

Following your arrest for a gun crime, police and prosecutors will try to build a case that convinces you that you have no defense. Before accepting any plea deal, make sure you understand all of your potential defenses and the way your charges could impact you by consulting with a Tampa weapon crime lawyer from Taracks & Associates.

Why Choose Us?

Not all attorneys are equally qualified to represent you on gun crimes charges. Selecting the wrong lawyer to serve as your weapon charge lawyer can lead to an unnecessary conviction and the penalties associated with it. Your Tampa gun charge attorney from Taracks & Associates is a former prosecutor who is familiar with how these cases are presented and how to defend against them.

At Taracks & Associates, our criminal defense attorneys have decades of experience—and our lead attorneys are former prosecutors. This means we know how the state builds its case, and we know how to dismantle it. Our legal team has handled hundreds of jury trials and is fully prepared to take your case to court if necessary.

 

Common Tampa Firearm-Related Offenses

There are several offenses that you can commit with a firearm in Florida. The severity of these crimes ranges from misdemeanors to serious felonies, and the punishment for such crimes often includes incarceration, fines, or probation. Some of the most common offenses in Florida involving guns include:

Illegal Possession of a Firearm

There are many laws listed in Chapter 790 and elsewhere in the Florida Statutes that make certain possession and use of firearms and other weapons illegal. This includes illegally carrying a weapon, which is a second-degree misdemeanor. Using a weapon to commit various theft offenses, such as burglary and robbery, can enhance the charges and penalties.

In many cases, the charges for criminal offenses can be enhanced if a weapon is used. This type of activity can be charged as a second- or third-degree felony offense. One example is “Aggravated Assault,” found in Section 784.021 of the Florida Statutes. This statute criminalizes the offense of assault when accompanied with the use of a deadly weapon.

Carrying a Firearm by a Convicted Felon

Section 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.

The 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.

Gun and 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.

Florida has a “Stand Your Ground” law, which allows the use of deadly force if a person reasonably 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.

Call Taracks & Associates at 813-281-2897 to schedule a free, no-obligation case consultation with an experienced Tampa weapon crime lawyer.

FAQs

There is no shortage of misconceptions and false information about gun crimes in Florida. Turn to your trusted gun charge lawyer for answers to these common questions and concerns:

Do I need a permit to carry a concealed weapon in Florida?

No. As of 2023, Florida is a permitless state, meaning that most individuals can carry a concealed weapon without obtaining a license. However, this recent change in the law does not allow individuals who are legally prohibited, such as convicted felons, to carry a firearm.

What are the penalties for Florida gun crimes?

The penalties and consequences of a gun crime conviction will vary based on the charge. Some offenses are misdemeanors and may result in a jail sentence, while others are felonies that carry prison terms. Instead of incarceration, the court may impose probation under certain conditions. Any sentence can impose restrictions on your liberty.

How do I know if I can legally carry a firearm in Tampa?

Most individuals aged 18 and older can possess a firearm without a license or permit. If you have recently been convicted of a felony, received a domestic violence injunction, been convicted of a domestic violence offense, or are under a risk protection order, you should consult an attorney before purchasing or carrying a firearm.

Does Florida have a “red flag” law?

Yes. This law allows law enforcement officers to temporarily remove someone’s firearms from their possession after obtaining a risk protection order from a court. Continuing to carry a firearm while under one of these orders can lead to further civil and criminal consequences.

Do not hesitate to speak with your gun crimes defense attorney in Tampa about your questions and concerns, regardless of whether you are currently facing charges.

Retaining a Tampa Gun Crimes Defense Lawyer

If you have been arrested for any type of firearm offense, do not hesitate to contact our Tampa weapon offense lawyers 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 or jury.

If you are facing any gun or weapon charge in Tampa, contact your experienced weapon crime attorney at Taracks & Associates at 813-281-2897.