When weapons or firearms are in a crime, prosecutors seek the most severe charges and stiffest penalties possible. Florida has some of the toughest gun laws in the country. Especially, when a gun usage or display occurs during the commission of a crime. Legislature makes strict gun laws in response to public pressure. The public wants to keep guns out of the hands of dangerous individuals. This in turn creates pressure on the State Attorney’s Office to aggressively prosecute those who break these strict laws.
Conviction of Weapon Offense
A conviction for a weapon or firearm offense can result in substantial prison time. Typical weapon or firearm offenses include: Possession of a firearm by a convicted felon, carrying a concealed weapon or firearm without a permit, or improper exhibition of a firearm or dangerous weapon. A convicted felon who has the possession of a firearm could serve a 3 year minimum prison sentence. If a judge believes the minimum mandatory sentence to be too harsh in your case. There is still nothing you can do.
Only the elected State Attorney can waive the minimum mandatory sentence in your case. Florida Statute dictates other, more severe, minimum mandatory sentences for situations where a crime involves a weapon. The most common example is the 10-20-life statute. Firstly, if a firearm is displayed during the commission of an enumerated offense in the statute, a 10 year minimum mandatory sentence applies. Secondly, if a firearm is discharged during the commission of an enumerated offense, the minimum sentence is 20 years. Lastly, if a firearm is discharged and causes great harm, the defendant could serve a minimum of 25 years to life in prison.
How We Can Help
With so much at stake, you need to speak with a weapons offense attorney that will help you understand what your rights are, whether law enforcement acted lawfully in your case, the sentencing scheme that applies, and how to mitigate such a serious offense. The Fletcher Law Practice is happy to provide you with a free consultation to discuss what your rights and options are during this difficult time. Call today.