The United States Constitution guarantees the right to bear arms in the second amendment, which states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Attorney Mark Germain defends those accused of criminal offenses involving guns and other weapons and works to ensure their second amendment rights are not violated.
Facing gun-related charges in Florida can be overwhelming and frightening. The state takes these offenses very seriously, and the consequences can be severe, ranging from hefty fines to long prison sentences.
Gun Crimes Defense Attorney in Melbourne, FL
If you have been charged with a weapon-related crime, you need to contact an experienced defense attorney immediately. Mark Germain provides legal defense to clients charged with a number of crimes, including weapons crimes throughout the Space Coast.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
- Specific Offenses
- Maximum Jail Time and Fines
- What Are Potential Defenses to Gun/Weapon Charges?
- Criminal Process in Florida
- What Are Potential Alternatives to Incarceration?
- How Can a Gun Possession Lawyer Help Me?
- Additional Resources
- Hire a Lawyer for Gun and Weapon Charges in Brevard County Florida
Specific Offenses
- Carrying of Concealed Weapons or Concealed Firearms – Florida Statutes Section 790.01: This offense occurs when someone hides a weapon or firearm on their body or close by without a proper license. If the person is carrying a concealed weapon like a knife or electric device without a license, it’s considered a first-degree misdemeanor. If they are carrying a concealed firearm without a license, it’s classified as a third-degree felony.
- Firearm Possession by a Felon – Florida Statutes Section 790.23: This offense occurs when someone who has been convicted of a felony or certain serious offenses in Florida or elsewhere is found to own, possess, or control a firearm, ammunition, or other weapons. In Florida, this crime is classified as a second-degree felony. However, if the person has prior related offenses, the charge can escalate to a first-degree felony.
- Improper Exhibition of Dangerous Weapons or Firearms – Florida Statutes Section 790.10: This offense occurs when someone displays a weapon like a gun, knife, or electric device in a rude, careless, angry, or threatening way in front of others without a valid reason for self-defense. This is classified as a first-degree misdemeanor.
- Unlawful Discharge of a Firearm – Florida Statutes Section 790.15: Unlawful discharge of a firearm refers to the act of intentionally firing a weapon in a public place or on or over someone else’s property without legal justification. This offense could be classified as a first-degree misdemeanor up to a second-degree felony depending on the circumstances and location of the discharge.
- Armed Burglary Carrying a Concealed Firearm – Florida Statutes Section 810.02: Armed burglary carrying a concealed firearm occurs when someone unlawfully enters a dwelling, structure, or conveyance with the intent to commit a crime inside and they are armed with a concealed firearm at the time. This offense is classified as a first-degree felony in Florida.
- Armed Trafficking in Illegal Drugs – Florida Statutes Section 893.135: Armed trafficking in illegal drugs happens when a person is involved in the manufacture, sale, delivery, or possession of illegal drugs while carrying or possessing a firearm. This crime is classified as a first-degree felony.
- Armed Kidnapping – Florida Statutes Section 787.01: Armed kidnapping occurs when a person unlawfully seizes, confines, or abducts another individual with the use of a firearm, intending to hold them for ransom, as a hostage, or to commit other felonies. This is classified as a first-degree felony in Florida.
- Aggravated Battery with a Deadly Weapon – Florida Statutes Section 784.045: Aggravated battery with a deadly weapon refers to the intentional infliction of serious bodily harm to another person using a deadly weapon. This offense is classified as a second-degree felony in Florida.
- Aggravated Assault with a Deadly Weapon – Florida Statutes Section 784.021: Aggravated assault with a deadly weapon occurs when a person intentionally threatens to do violence to another with the use of a deadly weapon and creates a fear that violence is imminent. This offense is classified as a second-degree felony under Florida law.
- Illegal Sale of Weapons – Florida Statutes Section 790.18: The illegal sale of weapons occurs when an individual unlawfully sells, offers to sell, or transfers a firearm or other weapons without adhering to the legal requirements such as age requirements, background checks, or proper licensing. This offense is classified as a third-degree felony under Florida law.
- Possession of a Machine Gun or Explosive Device – Florida Statutes Section 790.221: It is a felony to possess or own a machine gun, short-barreled rifle, short-barreled shotgun, or an explosive device.
Maximum Jail Time and Fines
- 2nd-Degree Misdemeanor: 60 days jail, $500 fine.
- 1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
- 3rd-Degree Felony: 5 years prison, $5,000 fine.
- 2nd-Degree Felony: 15 years prison, $10,000 fine.
- 1st-Degree Felony: 30 years prison, $10,000 fine.
- Life Felony: Life imprisonment, $15,000 fine.
- Capital Felony: Death or life imprisonment.
Actual penalties vary based on the offense, the individual’s criminal history, and any aggravating circumstances. Misdemeanors are heard in county court, while felonies are heard in circuit court.
What Are Potential Defenses to Gun/Weapon Charges?
- Self-Defense: The argument of self-defense is common in gun and weapon charges. This defense applies when someone uses a firearm or weapon to protect themselves from imminent harm. The key points in this defense are whether the person reasonably believed they were in immediate danger and whether the use of force was proportionate to the threat.
- Stand Your Ground: Florida’s “Stand Your Ground” law allows individuals to use deadly force without a duty to retreat if they are in a place where they have a legal right to be and they believe their life or safety is at risk.
- Lack of Knowledge: This defense applies when the person accused of possessing a firearm or weapon genuinely did not know they had it. For instance, if someone was unaware that a firearm was in their bag or vehicle, they might argue that they had no knowledge of its presence.
- Illegal Search and Seizure: If law enforcement obtained evidence of a firearm or weapon through an unlawful search or seizure, the defense might argue that the evidence should be excluded from the case.
- Improper Handling of Evidence: If the prosecution cannot prove that the firearm or weapon was properly handled from the moment it was seized to the time it was presented in court, this defense might apply.
- Constructive Possession: In cases where a firearm or weapon was found in a place that several people had access to, the defense might argue that the accused did not have actual possession of the weapon. The prosecution must prove that the accused had control over and access to the weapon, which can be difficult if others could have possessed it as well.
- Authorization or Permission: This defense is relevant in cases where the accused had authorization to carry or possess a firearm or weapon. For instance, they might have been legally transporting the weapon under Florida law.
- Lack of Intent: Many gun and weapon charges require proof that the accused intended to use the firearm or weapon unlawfully. If the defense can show that there was no intention to commit a crime, this might lead to a reduction or dismissal of charges.
- Accidental Discharge: The defense might argue that the incident was purely accidental and not the result of reckless behavior.
- Entrapment: If law enforcement officials induced the accused to commit a gun or weapon-related offense that they otherwise would not have committed, the entrapment defense may apply.
- Duress: The defense of duress applies when the accused was forced to carry or use a firearm or weapon because of threats of imminent harm to themselves or others. The key to this defense is proving that the accused had no other option but to comply because of the immediate threat.
Criminal Process in Florida
- Arrest and Initial Booking: After an arrest on gun or weapon charges, the individual is taken into custody and booked. During the booking process, personal information is recorded and the individual’s fingerprints and photographs are taken. Depending on the nature of the charges, the individual may either be released on bail or remain in custody until their first court appearance.
- First Appearance and Setting of Bond: Within 24 hours of the arrest, the individual will have a first appearance before a judge. The judge will review the charges and decide whether to set bail and, if so, at what amount. In cases involving firearms, especially if the offense is violent or involves a prior criminal record, the judge may deny bail or set it very high.
- Filing of Formal Charges: The prosecutor will then review the case and decide whether to file formal charges. The seriousness of the charges depends on factors like whether the weapon was used in a crime, the type of weapon, and the individual’s criminal history.
- Arraignment: At the arraignment, the individual will formally hear the charges against them and enter a plea of guilty, not guilty, or no contest. If the individual pleads not guilty, the case will move forward to the pretrial stage.
- Pretrial Motions and Hearings: The defense attorney may file pretrial motions to suppress evidence or dismiss the charges. For example, if the firearm was discovered during a search, the defense may argue that the search was illegal and that the evidence should be excluded.
- Plea Bargaining: Before going to trial, the prosecution and defense may negotiate a plea deal. This might involve the individual pleading guilty to a lesser charge in exchange for a reduced sentence. The decision to accept a plea deal is often influenced by the strength of the evidence, the potential penalties, and the individual’s prior criminal history.
- Trial: If the case goes to trial, it will be heard by a judge or jury. The prosecution must prove the charges beyond a reasonable doubt. The defense will challenge the evidence, cross-examine witnesses, and may present its own evidence and witnesses. In gun and weapon cases, issues like whether the individual had a permit, the legality of the search, and whether the gun was actually used in a crime are often central to the defense.
- Sentencing: If found guilty, sentencing will follow. Florida law imposes mandatory minimum sentences for many gun-related offenses. For example, under Florida’s “10-20-Life” law, possessing a firearm during certain felonies carries a minimum sentence. If a firearm is possessed during a criminal act, the minimum sentence is 10 years. If the firearm is fired, the minimum sentence increases to 20 years, and if someone is injured or killed as a result, the sentence ranges from 25 years to life imprisonment.
- Appeal: If convicted, the individual has the right to appeal. An appeal challenges legal errors made during the trial. For example, if the judge wrongly denied a motion to suppress evidence, this could be a basis for an appeal.
- Rights Restoration After Conviction: In Florida, a felony conviction typically results in the loss of certain rights, including the right to possess firearms. However, the individual can apply for the restoration of these rights after serving their sentence, though this is not always granted, especially in cases involving guns or weapons.
What Are Potential Alternatives to Incarceration?
- Probation: Florida Statutes Section 948.01 allows courts to place individuals convicted of certain less serious charges on probation instead of sentencing them to jail. Under probation, the individual must follow specific conditions set by the court, such as regular reporting to a probation officer, avoiding further legal trouble, and possibly completing community service. In some cases, individuals who are serving probation for gun-related charges may be eligible for early termination of their probation, depending on their behavior during probation, including adhering to all court-imposed conditions.
- Pretrial Diversion Programs: According to Florida Statutes Section 948.08, certain first-time offenders with nonviolent offenses may enter a pretrial diversion program. If successfully completed, this program can result in the charges being dismissed. These programs often involve counseling, educational classes, or other rehabilitative measures aimed at preventing future offenses.
- House Arrest: Florida Statutes Section 948.03 provides for house arrest as an alternative to jail time. Under this arrangement, the individual is confined to their home but may leave for approved activities like work, school, or medical appointments. House arrest is closely monitored and offers a way to serve a sentence without being in a jail.
How Can a Gun Possession Lawyer Help Me?
- Understand the Charges Against You: A lawyer will explain the charges you’re facing, breaking down the legal terms and what they mean for your case. Understanding the charges is the first step in knowing what you’re up against.
- Explain the Possible Penalties: Gun and weapon charges can carry heavy penalties, including prison time, fines, and a permanent criminal record. Your lawyer will help you understand the possible outcomes based on your specific situation. This helps you prepare for what might happen and plan your next steps.
- Gather Evidence and Investigate: A lawyer will look at all the evidence against you and investigate the circumstances surrounding your charges. This can include reviewing police reports, witness statements, and any other relevant information. They will also make sure that your rights were not violated during the arrest or investigation.
- Communicate with the Prosecutor: Your lawyer will talk to the prosecutor on your behalf. This can include discussing the charges, negotiating potential plea deals, or even convincing the prosecutor to drop or reduce the charges in some cases.
- Prepare You for Court: If your case goes to court, your lawyer will prepare you for what to expect. They will guide you on how to present yourself, what questions you might be asked, and how to respond. This preparation can help you feel more confident and less anxious during the process.
- Defend Your Rights: Throughout the entire process, your lawyer is there to defend your rights. Whether it’s in negotiations with the prosecutor or in the courtroom, your lawyer’s goal is to protect your freedom and minimize the impact these charges could have on your life.
- Help with Decision-Making: There are many decisions to be made when you’re facing gun or weapon charges, such as whether to accept a plea deal or go to trial. Your lawyer will explain your options and help you make choices that are in your best interest.
- Keep You Informed: Legal processes can be confusing and things can change quickly. Your lawyer will keep you informed about the status of your case and any new developments so you’re never left in the dark.
- Work Towards the Best Possible Outcome: Ultimately, your lawyer’s job is to work towards the best possible outcome for your case. This could mean getting the charges dropped, reduced, or achieving a not guilty verdict at trial. They will use their knowledge and skills to fight for your future.
Additional Resources
Requirements to Purchase a Firearm – The Florida Department of Law Enforcement (FDLE) provides guidelines for purchasing firearms in the state. To purchase a firearm, individuals must be at least 21 years old, although there are exceptions for law enforcement and military members. Florida residents can purchase handguns, while long guns can be purchased by out-of-state residents under certain conditions. The state requires a background check and enforces a three-day waiting period for all firearm purchases, with some local jurisdictions extending this period.
Florida Gun Laws – Florida’s gun laws, as outlined by the NRA-ILA, emphasize the right to keep and bear arms as protected by the state constitution. The state does not require permits to purchase firearms, nor does it require registration or licensing for gun owners. However, carrying a concealed firearm requires a license, and there are specific regulations regarding the carrying and use of firearms. The state also has laws in place, such as the Castle Doctrine and Stand Your Ground, which provide legal protections for individuals using firearms in self-defense.
Florida Statutes Section 790.23 – Florida Statutes Section 790.23 makes it illegal for individuals with certain criminal histories to possess firearms, ammunition, or electric weapons. This includes those convicted of felonies or certain juvenile offenses. Exceptions exist for individuals whose civil rights have been restored or whose criminal records have been expunged.
Restoration of Gun Rights – The Florida Commission on Offender Review provides information on how convicted felons can seek to restore their gun rights through the clemency process. Clemency includes full pardons, commutation of sentences, and specific authority to own firearms. The process is overseen by the Governor and two cabinet members, with specific rules governing eligibility. Restoration of civil rights, including gun rights, varies depending on the conviction and other factors, with federal convictions requiring additional steps.
Hire a Lawyer for Gun and Weapon Charges in Brevard County Florida
Mark Germain provides legal defense to clients charged with a number of crimes, including weapons crimes across the Space Coast. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
