Getting arrested for a gun-related charge in Florida can be overwhelming and emotionally intense. Fear, confusion, and frustration are typical reactions, and in those initial critical moments, it’s easy to say or do things that might unintentionally damage your case. Whether you’re facing accusations of illegal firearm possession, carrying a concealed weapon, or more serious gun-related felony charges, the choices you make right after your arrest can have long-lasting effects.
It’s crucial to understand that Florida treats firearm offenses very seriously, with strict laws and sentencing guidelines that can result in harsh penalties. Knowing what to do after a gun arrest isn’t just about protecting your freedom; it’s about safeguarding your future. Staying calm, knowing your rights, and promptly contacting a skilled defense lawyer can set the right tone for your entire case.
At Hager & Schwartz, P.A., we understand how overwhelming this situation can be. As former state prosecutors with over fifty years of combined experience, we know how the other side builds their case—and how to effectively challenge it.
If you’ve been arrested with a firearm or are facing gun possession charges in Florida, contact us for a free, confidential consultation.
Stay Calm and Protect Your Rights Immediately
The moments right after being arrested for a gun charge in Florida are some of the most important in your case. What you say and do at this time can influence the outcome.
It’s natural to want to explain yourself, defend your actions, or argue with law enforcement officers, especially when emotions are high. However, doing so can often make things worse.
If you’ve been arrested on a gun charge in Florida, the most important thing you can do is stay calm and exercise your right to remain silent. Anything you say can—and likely will—be used against you later. Even seemingly harmless statements can be taken out of context and used by the prosecution to build their case.
You also have the right to legal counsel. Politely but firmly state that you want to speak with an attorney before answering any questions. This request is not an admission of guilt—it’s a crucial step in protecting yourself. Until your attorney is present, avoid giving statements, signing documents, or agreeing to any interviews.
Common Types of Gun-Related Charges in Florida
Facing gun-related charges in Florida can feel overwhelming, especially when you’re unsure of what the specific allegations mean or how serious the potential penalties might be. Florida has some of the strictest weapons laws in the country, and charges involving firearms can range from misdemeanors to serious felonies carrying lengthy prison sentences. Understanding the nature of the charge against you is the first step toward building an effective defense.
Some of the most common Florida weapons charges include:
- Illegal firearm possession
- Carrying a concealed weapon without a permit
- Unlawful discharge of a weapon
- Being a convicted felon with a firearm
- Aggravated assault with a firearm
It’s also important to understand the difference between a misdemeanor and a gun-related felony in Florida. While some first-time offenses may be charged as misdemeanors, many firearm offenses—especially those involving violence, prior convictions, or illegal firearm use—are charged as felonies with mandatory minimum sentencing.
Understanding Florida’s Firearm Sentencing Guidelines
Florida is known for being strict when it comes to prosecuting gun-related crimes. The state’s firearm laws aim to impose heavy penalties on those found guilty of unlawfully using or possessing a gun. If you’re facing charges under Florida gun laws, it’s important to understand how these laws and their sentencing guidelines could affect your future.
One of the key sentencing statutes related to gun crimes in Florida is Florida Statutes § 775.087, often called the “10-20-Life” law. This law increases penalties for certain felony crimes when a firearm is involved.
Here’s how the firearm sentencing guidelines typically work:
- If you’re convicted of a qualifying felony and possessed a firearm during the crime, the court must impose a minimum of 10 years in prison.
- If you discharged the firearm during the commission of the felony, the minimum sentence increases to 20 years.
- If the gun was discharged and caused death or great bodily harm, the minimum mandatory sentence rises to 25 years to life in prison.
These Florida minimum sentences for gun crimes limit judges’ discretion when determining punishments. The law is designed to ensure that gun-related offenses automatically result in substantial prison time upon conviction.
Due to the serious consequences of a gun-related charge, it is essential to follow the proper steps to protect your rights. Avoiding actions that could harm your case can boost your chances of seeking a favorable result and minimize the potential penalties for the alleged crime.
Potential Legal Defenses Against Gun Charges
Being charged with a gun crime in Florida doesn’t automatically mean you’ll be convicted. A skilled firearm offense defense lawyer can use several legal defenses to challenge the charges against you. Every case is unique, and the right defense strategy depends on the specific facts, circumstances, and evidence involved.
Effective defense strategies used in Florida gun crime cases include the following:
- Lack of knowledge/possession: You may be able to argue that you didn’t know the firearm was present or that you didn’t possess the weapon.
- Illegal search and seizure (Fourth Amendment issues): If law enforcement conducted an unlawful search or violated your constitutional rights, any evidence obtained may be inadmissible in court.
- Improper police procedures: Mistakes during arrest, interrogation, or evidence collection could lead to a dismissal or reduction of charges.
- Self-defense with a firearm: If you were acting to protect yourself or others from immediate harm, you may have a valid self-defense claim under Florida law.
- Protection under the Stand Your Ground law: Florida’s Stand Your Ground law provides legal immunity in certain situations where you used a firearm to defend yourself without a duty to retreat.
If you’re facing gun charges, having an experienced gun crime attorney in Florida is crucial. After a gun-related arrest, contact a lawyer immediately. They can evaluate your case and identify defenses to contest the charges.
How a Lawyer Can Help After a Gun-Related Arrest
After being arrested for a gun-related offense in Florida, one of the most important steps is to contact an experienced firearm offense defense lawyer as soon as possible. Early intervention by an attorney can influence the trajectory of your case.
An experienced gun crime attorney will start by carefully reviewing the details of your arrest. This involves examining police reports, witness statements, and physical evidence of the alleged crime. If any mistakes were made during your arrest—such as an illegal search, lack of probable cause, or improper interrogation—your attorney can work to suppress key evidence or even seek to reduce or dismiss your charges.
Beyond the initial investigation, your lawyer will be essential in negotiating with prosecutors. For individuals facing a gun-related felony in Florida, early negotiations can help lower the charges or reduce sentencing risks.
Perhaps most importantly, a strong defense attorney can develop a personalized legal strategy based on the specific details of your case. This isn’t a one-size-fits-all approach — your defense should reflect your circumstances, the facts surrounding your arrest, and any relevant defenses such as self-defense or Stand Your Ground laws.
Get the Legal Help You Need
If you’ve been arrested for a gun-related offense, time is not on your side. The sooner you involve a skilled defense attorney, the better your chances of protecting your rights and building a strong defense.
At Hager & Schwartz, P.A., we understand the stress and uncertainty you’re facing. As former state prosecutors, we know how the other side operates and are ready to put that knowledge to work for you.
Contact us for a free consultation with a gun crime attorney in Florida, and let us help you fight for your future.
