If you have been charged with a firearm or weapons offense in Gainesville, you may face serious penalties that can affect your freedom and future. An experienced criminal defense attorney can help you understand the allegations, evaluate the evidence, and determine the strongest strategy for your case.
Attorney Yvens Pierre-Antoine represents clients facing weapons charges and works to protect their rights throughout the criminal process.
What is Considered a Weapon in Florida?
Florida law recognizes a broad range of weapons and firearms. Depending on the circumstances, these may include:
- Firearms and concealed firearms
- Machine guns
- Short-barreled rifles and shotguns
- Destructive devices and explosives
- Electric weapons and stun guns
- Chemical weapons and tear gas devices
- Knives, metallic knuckles, and other deadly weapons
- Slungshots and other prohibited weapons
Whether an item qualifies as a firearm or weapon can significantly affect the charges and potential penalties. The specific facts of the case and applicable Florida statutes are critical to determining how the law applies.
Common Weapons Charges and Penalties
Weapons offenses can range from misdemeanors to serious felonies. Potential consequences depend on the specific charge, circumstances, and the defendant’s criminal history.
Unlicensed Concealed Firearm
Unlawfully carrying a concealed firearm may be charged as a third-degree felony, potentially carrying up to five years in prison and a $5,000 fine.
Firearm on School Property
Possessing or discharging a firearm on school property can result in felony charges and significant penalties.
Aggravated Assault With a Deadly Weapon
Aggravated assault can involve an assault committed with a deadly weapon without an intent to kill or an assault committed with the intent to commit a felony. A conviction can result in serious criminal consequences.
Possession of a Firearm by a Convicted Felon
A convicted felon who unlawfully possesses a firearm may face a serious felony charge punishable by up to 15 years in prison and substantial fines.
Providing a Loaded Firearm to a Child
Florida law restricts providing children with access to loaded firearms. Violations can result in criminal charges, including misdemeanor penalties in certain circumstances.
Florida’s 10-20-Life Law
Florida’s 10-20-Life law can impose mandatory minimum prison sentences for certain felony offenses involving firearms. Depending on the circumstances:
- 10 years may apply when a firearm is possessed during a qualifying felony.
- 20 years may apply when the firearm is discharged.
- 25 years to life may apply when the discharge causes death or serious bodily injury.
Because mandatory minimum sentences can dramatically increase the consequences of a conviction, anyone facing a weapons-related felony should seek legal advice as early as possible.
Defending Against a Weapons Charge
A weapons charge does not automatically mean a conviction. An attorney can investigate the circumstances of the arrest, examine whether law enforcement acted lawfully, challenge questionable evidence, and identify defenses that may apply.
If you are facing a gun or weapons charge in Gainesville, contact Attorney Yvens Pierre-Antoine for experienced criminal defense representation and to discuss your legal options.