🔫 How Can I Fight a Gun Charge in Florida?
While Florida protects the right to bear arms, there are strict laws governing how and when firearms can be carried or used. If you’re facing a gun charge in Florida, you could be looking at mandatory prison time—even if the weapon wasn’t fired.
The good news? These charges are often defensible with the right legal strategy. Here’s what you need to know.
⚖️ Types of Gun Charges in Florida
Under Florida law, gun-related offenses range from possession issues to use of a firearm during a crime. Here are the most common charges:
🚫 Illegal Possession of a Firearm
- Possessing prohibited weapons (e.g., machine guns, short-barreled rifles, explosive or armor-piercing ammunition)
- Being a convicted felon in possession of any firearm
- Carrying a concealed weapon without a permit (if charged prior to the 2023 permitless carry law taking effect)
💥 Using a Firearm During a Crime
Under Florida’s 10-20-Life law, mandatory minimum sentences apply if a firearm is involved:
- 10 years: Possession of a firearm during the commission of a crime
- 20 years: Discharging a firearm
- 25 years to life: Causing injury or death with a firearm
- 15-20-Life: If the weapon is semiautomatic or automatic
- 📚 Read more about Florida’s mandatory minimum firearm sentencing
🛡️ Common Defenses to Gun Charges in Florida
Not all gun charges result in a conviction. Your criminal defense attorney may pursue one or more of the following defenses:
- Mistaken identity — You weren’t at the scene or were misidentified
- Antique firearm defense — The firearm was manufactured before 1918
- Rights restoration — You’re a felon who lawfully had your rights restored
- Permitless carry — You were lawfully carrying under Florida’s new law
- No possession — You didn’t actually have the firearm on your person
- Illegal search and seizure — Your Fourth Amendment rights were violated
- Self-defense or Stand Your Ground — You acted lawfully to protect yourself
🧠 Learn how your lawyer can challenge illegally obtained evidence
🔍 The Role of Due Process in Gun Crime Defense
Even if you’re accused of using a weapon in connection with another crime, you have a constitutional right to due process under the Fourteenth Amendment. That includes:
- The right to a fair trial
- The right to challenge the State’s evidence
- Protection against unlawful search and seizure
- The right to legal representation
👨⚖️ Why You Need a South Florida Gun Crime Attorney
Fighting a gun charge isn’t just about knowing the law—it’s about knowing how the prosecution builds its case and where they overreach.
Attorney Michael White, a former prosecutor and trusted criminal defense lawyer in Fort Lauderdale, helps clients:
- Challenge mandatory minimum sentences
- Suppress illegal searches and misidentified evidence
- Fight for charge reductions, dismissals, or acquittals
📞 Charged With a Gun Crime in Florida? Call Michael White, P.A.
Whether you’re accused of unlawful possession, using a firearm during a crime, or facing 10-20-Life sentencing enhancements, we can help. At Michael White, P.A., we defend clients across South Florida and the Treasure Coast.
📞 Call (954) 270-0769 or schedule your free consultation online
❓ Frequently Asked Questions
1. What is the 10-20-Life law in Florida?
Florida’s 10-20-Life statute mandates minimum prison sentences for crimes involving firearms: 10 years for possession, 20 years for discharging a firearm, and 25 years to life if someone is injured or killed.
2. Can I be charged just for having a gun during a crime—even if I didn’t use it?
Yes. Simply possessing a firearm while committing a crime can result in enhanced charges and trigger mandatory minimum sentences, even if the weapon wasn’t fired.
3. What if I was legally carrying a gun under Florida’s permitless carry law?
If your arrest happened before the 2023 law took effect, you may still face charges. However, your lawyer may argue that you were lawfully in possession under updated legislation.
3. What if I was legally carrying a gun under Florida’s permitless carry law?
If your arrest happened before the 2023 law took effect, you may still face charges. However, your lawyer may argue that you were lawfully in possession under updated legislation.
4. Are there defenses to unlawful possession of a firearm in Florida?
Yes. Common defenses include mistaken identity, lack of possession, antique firearm exceptions, restored civil rights, and illegal search and seizure violations.
5. Will I go to jail for a gun charge in Florida?
Not necessarily. Jail time depends on the charge, your criminal history, and whether a firearm was used in a crime. An experienced criminal defense lawyer can often negotiate for reduced charges or alternative sentencing.
Yes. Common defenses include mistaken identity, lack of possession, antique firearm exceptions, restored civil rights, and illegal search and seizure violations.
