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WEAPONS CHARGES

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Weapons charges can include illegal possession, use, or trafficking of firearms or other weapons. These charges are taken very seriously and can lead to severe legal consequences, including lengthy prison sentences and substantial fines.

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Definition and Legal Definition

Weapons Charges involve violations of laws regulating the possession, use, and distribution of firearms and other dangerous weapons. These laws are designed to ensure public safety and regulate who can legally own and carry weapons.

 

Examples of Weapons Charges:

  • Illegal Possession of a Firearm: Owning a firearm without the necessary permits or licenses.

  • Unlawful Discharge of a Weapon: Firing a weapon in a prohibited area or in a reckless manner.

  • Carrying a Concealed Weapon Without a Permit: Possessing a concealed weapon without the proper authorization.

  • Weapons Trafficking: Illegally selling or distributing firearms.

  • Assault with a Deadly Weapon: Using a weapon to threaten or harm someone.

  • Felon in Possession of a Firearm: Convicted felons owning or attempting to purchase firearms.

  • Possession of an Unregistered Firearm: Owning a firearm that is not properly registered.

 

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

  • Lack of Knowledge: Arguing that the defendant did not know they were in possession of a weapon.

  • Illegal Search and Seizure: Challenging the legality of the search that discovered the weapon.

  • Mistaken Identity: Arguing that the defendant was not the person who committed the crime.

  • Self-Defense: Arguing that the defendant used the weapon to protect themselves or others.

  • Improper Permits: Providing evidence of proper permits or licenses.

 

Statistics on Weapons Charges in Florida and Miami-Dade County:

  • Florida reported 22,450 weapons charges in 2022.

  • Miami-Dade County accounted for 3,600 of these charges.

  • 45% of these charges resulted in convictions statewide.

 

 

 

 

 

 

 

What to Do if Falsely Accused:

If you are falsely accused of a weapons charge, it is crucial to:

  • Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.

  • Document Everything: Keep detailed records of all interactions and incidents related to the accusation.

  • Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

 

Reasons for False Accusations:

  • Mistaken Identity: Being wrongly identified as the perpetrator.

  • Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.

  • Misunderstanding: Legitimate possession being interpreted as illegal.

 

Possible Jail Times and Fines:

  • Illegal Possession of a Firearm: Penalties can include up to five years in prison and substantial fines.

  • Unlawful Discharge of a Weapon: Penalties can include lengthy prison sentences and significant fines.

  • Carrying a Concealed Weapon Without a Permit: Penalties can include fines, probation, and up to five years in prison.

  • Weapons Trafficking: Penalties can include long prison sentences and substantial fines.

  • Assault with a Deadly Weapon: Penalties can include lengthy prison sentences and significant fines.

  • Felon in Possession of a Firearm: Penalties can include lengthy prison sentences and substantial fines.

  • Possession of an Unregistered Firearm: Penalties can include fines, probation, and up to five years in prison.

 

Specific Cases:

  • District of Columbia v. Heller: A landmark Supreme Court case affirming an individual's right to possess a firearm for lawful purposes.

  • McDonald v. City of Chicago: A Supreme Court case that extended the Second Amendment's protections to state and local laws.

 

Can the Charges Be Dropped?

Yes, weapons charges can be dropped if:

  • Lack of Evidence: Insufficient evidence to support the charges.

  • Procedural Errors: Violations of legal procedures during the investigation or arrest.

  • Successful Negotiation: Negotiations leading to plea deals or agreements.

 

FAQs:

  • Q: Can weapons charges be expunged?

    • A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.

  • Q: How long do weapons charge investigations typically take?

    • A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.

  • Q: What should I do if I believe I’m under investigation for a weapons charge?

    • A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

Contact Us Today!

If you or a loved one is facing weapons charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.

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