Weapons Cases

Weapons charges in Florida encompass offenses such as Carrying a Concealed Weapon (CCW), Carrying a Concealed Firearm (CCF), and Possession of a Firearm by a person with felony convictions. Generally, carrying a firearm in Florida without a valid concealed weapons permit is illegal.

For instance, Carrying a Concealed Firearm (Florida Statute § 790.01) is a felony punishable by up to five (5) years in prison. Florida law prohibits individuals from owning or possessing short-barreled rifles, shotguns, or machine guns. (Florida Statute § 790.221). If you are properly licensed, Florida law protects you from being charged with a gun-related crime.

Carrying non-firearm weapons also constitutes a crime, though it is classified as a first-degree misdemeanor. There are several potential defenses to CCW and CCF charges. These include situations where law enforcement officers may not have the proper training and mistakingly arrest individuals who have not broken the law.

On the other hand, possession of a firearm by a person with felony convictions is another serious offense under Florida Statute § 790.23. A person can face felony firearm charges even without physical possession, as they may be deemed to have “constructive possession.” Judges often use their discretion to avoid mandatory minimum sentences for felons who have constructively possessed a firearm. Prosecutors often push for mandatory prison sentences of three to five years for firearm possession offenders.

Defending against these charges is challenging, but the attorneys at Whittel and Melton negotiate aggressively with prosecutors for favorable client outcomes. If you are facing weapon-related charges, contact us for a consultation.