Concealed Weapons & Firearms
Concealed weapons and firearms charges are serious offenses in the state of Florida. Carrying a concealed weapon without the proper permits is a serious offense that may lead to severe penalties. Carrying a concealed firearm without a license is a third-degree felony offense that may lead to imprisonment for first offenders. If you are facing charges for carrying concealed weapons or firearms, you need to quickly acquire the counsel of a criminal defense attorney who fights weapons charges in West Palm Beach.
What is a concealed weapon in Florida?
A “concealed weapon” is defined as any deadly weapon carried on a person in such a way that the weapon is hidden from view. A weapon such as a knife may or may not be considered “deadly” depending on the facts surrounding your specific case. Each concealed weapons or firearms case is unique, which is why the sooner you can team up with a competent criminal defense lawyer, the better to fight such charges. If you are facing charges for a concealed weapon, you may face time in jail even for a first offense.
Possible Penalties for Carrying Concealed Weapons and Firearms
Concealed firearms charges lead to the most severe penalties for concealed weapons crimes in Florida. The term “firearm” refers to any type of weapon that can expel an explosive projectile. Guns, rifles, and shotguns are considered firearms by Florida courts. If you are discovered possessing a concealed firearm without the appropriate permits, you can face a long prison sentence and steep fines, even if it is your first offense.
Each of these charges can drastically affect your future if you do not work to fight them. A concealed weapons charge is a first-degree misdemeanor crime for which you can face up to a year in jail and a fine of $1,000. A concealed firearms charge is a more serious third-degree felony per Florida Statute Section 790.01(2). Without a strong criminal defense, you could face the maximum penalties of up to 5 years in a Florida State prison or 5 years of probation and a fine of $5,000.
Defending Concealed Weapons Charges
Serious charges deserve high-quality representation. An accomplished concealed weapons attorney has experience defending those accused of carrying concealed weapons and/ or firearms. With the right strategy, it is possible to successfully contest these charges.
Prosecutors bear the burden of establishing key elements in order to prove the offense in a court of law. First, the prosecution must establish that the defendant knew that he or she was carrying the weapons and/or firearms on his or her person. Second, the weapons and/ or firearms were concealed from plain view.
Your defense attorney may be able to raise one of several defenses based on the details of your case. Possible defenses might be:
- You were not in possession of the firearm or weapon
- There is a lack of proof as to knowledge of the weapon or firearm
- The weapon or firearm was not readily accessible
- The weapon or firearm was within sight
The sooner you speak to a weapons defense lawyer about your case, the better your defense strategy may be.
Concealed Weapons and Firearms Defense in West Palm Beach
Your first step to obtaining a thorough criminal defense is contacting The Law Office of Gabriel & Gabriel. With over 30 years of experience defending the criminally accused of Florida, attorney Brian P. Gabriel leads criminal defense throughout Palm Beach, Martin, and St. Lucie counties.
At The Law Office of Gabriel & Gabriel, Brian Gabriel has helped those who have been charged and convicted of certain crimes obtain a clean slate. As one of The National Trial Lawyers Top 100 Trial Lawyers, attorney Brian Gabriel can put his experience and influence in the Palm Beach County legal community to work in your favor.
Are you eager to get started? Contact our firm by calling 561-622-5575 or completing our contact form to learn how we can help you get through this challenging time.