Weapons charges in Florida carry some of the harshest penalties in the nation. Under Florida's 10-20-Life law, mandatory minimum prison sentences apply to crimes involving firearms, leaving judges with little discretion in sentencing. At Lacayo Law, we understand the gravity of these charges and fight aggressively to protect your Second Amendment rights, your freedom, and your future.
Types of Weapons Charges We Defend
Florida has extensive firearms and weapons laws that cover everything from carrying a concealed weapon without a permit to using a deadly weapon during the commission of a felony. Our attorneys defend clients against the full range of weapons offenses in Miami-Dade, Broward, and Palm Beach counties.
Concealed Carry Violations
Carrying a concealed firearm or weapon without a valid Florida concealed weapons permit. This includes firearms found in vehicles without proper licensing.
3rd Degree Felony - Up to 5 YearsFelon in Possession
Possession of a firearm, ammunition, or electric weapon by a person previously convicted of a felony. One of the most commonly charged weapons offenses.
2nd Degree Felony - Up to 15 YearsAssault with a Deadly Weapon
Aggravated assault committed with a deadly weapon without intent to kill. The weapon does not need to be a firearm -- knives, vehicles, and other objects can qualify.
3rd Degree Felony - Up to 5 YearsImproper Exhibition of a Weapon
Displaying a firearm or weapon in a rude, careless, angry, or threatening manner, not in necessary self-defense. Often charged in road rage or public confrontation incidents.
1st Degree MisdemeanorPossession of a Weapon on School Property
Possessing a firearm or weapon on school grounds, at a school-sponsored event, or on a school bus. Strict penalties apply regardless of permit status.
3rd Degree Felony - Up to 5 YearsUse of Firearm During a Felony
Possessing, discharging, or causing injury with a firearm during the commission of a felony offense. Triggers Florida's severe 10-20-Life mandatory minimums.
10-25 Years to Life MandatoryFlorida's 10-20-Life Mandatory Minimums
Florida's 10-20-Life law is one of the most severe firearm sentencing enhancements in the country. These mandatory minimums apply to specific felony offenses and cannot be waived or reduced by the judge.
| Action | Mandatory Minimum | Details |
|---|---|---|
| Possess a firearm during a felony | 10 years mandatory | No early release or gain time |
| Discharge a firearm during a felony | 20 years mandatory | Day-for-day sentence required |
| Injure or kill someone with a firearm | 25 years to life mandatory | No parole eligibility |
Florida's Stand Your Ground Law
Florida's Stand Your Ground law provides critical protections for individuals who use force, including deadly force, in self-defense. Under this law, you have no duty to retreat before using force if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another person. If successful, Stand Your Ground provides complete immunity from criminal prosecution -- not just an affirmative defense at trial. Our attorneys have extensive experience filing and litigating Stand Your Ground motions to seek dismissal of weapons charges before trial.
Defense Strategies We Use
Our weapons charges defense strategies include:
- Challenging the legality of the search and seizure that led to the weapon's discovery
- Asserting Stand Your Ground immunity to seek full dismissal of charges
- Contesting constructive possession -- proving you did not know about or have control over the weapon
- Demonstrating valid self-defense or defense of others
- Challenging the classification of the object as a "weapon" or "firearm" under Florida law
- Negotiating with prosecutors to reduce charges and avoid mandatory minimums
Your Rights in a Weapons Case
Knowing your constitutional rights is essential when facing weapons charges in Florida.
Second Amendment Rights
The right to keep and bear arms is constitutionally protected. Our attorneys fight to ensure your Second Amendment rights are upheld.
Protection from Illegal Searches
The Fourth Amendment protects you from unreasonable searches and seizures. If the weapon was discovered through an illegal search, the evidence may be suppressed.
Right to Self-Defense
Florida law recognizes your right to defend yourself and others. Stand Your Ground provides immunity from prosecution when self-defense is justified.
Right to Challenge the Evidence
You have the right to examine all evidence, including ballistics reports, chain of custody records, and forensic analyses used against you.