Defending Weapons Crime Charges in Florida

While both the U.S. and Florida Constitution protect a person’s right to own and defend themselves from attack, there are several ways to potentially run afoul of the law. Unlawful possession, assault with a deadly weapon, and carrying a concealed weapon without a permit are just a few of the charges that one can end up facing during their lifetime.

Nationwide, there are approximately 262,300 arrests made related to weapons crime charges, and the consequences of a conviction are severe. The good news is that there are several available defenses that could apply to your case. The list below outlines some of your options for a weapons charges defense.

If you’re looking for a Florida weapon crime lawyer, contact Michael White, P.A., for a free consultation.

Unlawful Search and Seizure

The Fourth Amendment protects individuals against being searched or having property seized without a warrant or probable cause. Anything obtained during an unlawful search or seizure may be excluded from trial.

Lack of Knowledge or Possession

In order to be guilty of a weapons crime charge, you must either knowingly possess the weapon or argue that you had no reasonable expectation to know of the weapon’s presence. This can be a valuable defense if the weapon is found in an area where multiple people could have accessed it.

Self-Defense

If you are being charged because you used the weapon, you could potentially argue self-defense, especially if you were in imminent danger and had to protect yourself. Florida’s “Stand Your Ground” law can support this defense.

Necessity or Duress

If you were put in a position where you had to use the weapon to protect another person, you could argue necessity or duress. This defense is especially strong if you can show that using the weapon prevented a greater harm or threat.

Lack of Intent

Many weapons crimes require that the defendant has a specific intent to do something. Therefore, if you can demonstrate that something was accidental or you did not possess the requisite intent to break the law, you may have a defense.

Entrapment

An entrapment defense can be effective if you demonstrate that a law enforcement offer induced you to commit a crime you otherwise would not have committed. This can sometimes be a defense in cases regarding issues like the illegal sales of firearms.

Clerical Error

If you are accused of illegally owning a gun or illegally concealing a gun, you may have a defense if you were legitimately licensed to own or carry the weapon. Simply providing documentation of a valid license can quickly resolve this type of case.

Constitutional Challenges

Florida residents are blessed with a myriad of constitutional rights, and any member of the government, including police officers, is bound to uphold your constitutional rights. There are various ways law enforcement and the government can misstep here, including enforcing a law that is vague, overly broad, or infringes on these rights.

Procedural Errors

Law enforcement officers are only human, so it’s not unusual for them to make mistakes. Any mistake that materially affects your case could be grounds for a dismissal of charges, including failure to read your Miranda rights or mishandling pertinent evidence.

Contact an Experienced Florida Criminal Defense Attorney

If you’re facing weapons charges, you need a sophisticated Florida gun crime defense. As a firearm offense lawyer, Florida-based Michael White, P.A., has over 20 years of experience protecting the rights of people charged with these types of crimes. Call us at (954) 270-0769 to schedule a free consultation.