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Weapons Offenses

Assault with Deadly Weapon

Conceal Carry

Federal Firearms Charges

illegal Possession

Self-Defense Cases

Weapons Trafficking

Weapons Offenses in the Sunshine State:

How Florida Law Addresses Firearms and Other Weapons Florida, a state with strong constitutional protections for the right to bear arms, also maintains strict laws regarding the possession, use, and transfer of weapons. These laws are designed to balance individual rights with public safety, and violations can carry severe penalties, including lengthy prison sentences, substantial fines, and long-term impacts on a person's life. Understanding Florida's weapons offenses is crucial for residents and visitors alike.

What Constitutes a Weapons Offense in Florida? Weapons offenses in Florida encompass a wide range of activities that are regulated under Chapter 790 of the Florida Statutes. These laws apply not only to firearms but also to other types of weapons, such as knives, chemical weapons, tasers, and even common items used in a dangerous manner.

Common types of weapons offenses include:

Carrying a Concealed Firearm Without a Permit: While Florida has implemented "permitless carry" as of July 1, 2023, allowing individuals who meet the eligibility criteria for a concealed weapons license (CWL) to carry concealed firearms without the actual license, it is still a third-degree felony to carry a concealed firearm if you do not meet those eligibility requirements or if you carry it in a prohibited location. This includes places like schools, courthouses, polling places, and establishments primarily serving alcohol. Possession of a Firearm by a Convicted Felon: This is one of the most serious weapons offenses. It is illegal for any person previously convicted of a felony to possess a firearm, ammunition, or an electric weapon/device, unless their civil rights have been restored. This is typically a second-degree felony.

Improper Exhibition of a Weapon or Firearm: Displaying a weapon in a "rude, careless, angry, or threatening manner" in the presence of others, not in necessary self-defense, can be charged as a first-degree misdemeanor. Discharging a Firearm in Public or on Residential Property: Willfully and maliciously discharging a firearm on a public road, highway, street, or in an occupied residential area is generally a first-degree misdemeanor. If done in a way that endangers others (e.g., shooting into a building or occupied vehicle), it can escalate to a second-degree felony. Possession of a Stolen Firearm: This combines the offense of possessing an illegal weapon with the unlawful possession of stolen property, typically starting as a third-degree felony. Weapons on School Property: Possessing or discharging a weapon on school grounds, school buses, or within 1,000 feet of a school can lead to severe felony charges. Using a Firearm While Under the Influence: Possessing a firearm while under the influence of alcohol or drugs. Selling/Delivering Firearms to Minors or Prohibited Persons: Unlawfully transferring a firearm to an individual who is underage or legally prohibited from owning one. Altering or Removing Firearm Serial Numbers: This is a felony offense. Possession/Manufacturing of Destructive Devices or Weapons of Mass Destruction: These carry extremely severe felony penalties.

Our Defense Strategy:

Foundational Principles of Their Defense:

Aggressive Constitutional Defense: Their primary focus is on protecting the client's Fourth Amendment (unlawful search and seizure) and Fifth Amendment (right to remain silent, self-incrimination) rights. Many weapons charges stem from alleged constitutional violations.

Meticulous Fact-Finding: They operate on the principle that the devil is in the details. Every piece of evidence, every police report, and every witness statement will be thoroughly scrutinized.

Proactive Engagement: They don't wait for the prosecution to build its case. They immediately begin their own investigation to uncover facts that favor the defense.

Client Empowerment: They ensure the client fully understands the charges, the potential penalties, and the defense strategies, enabling informed decision-making throughout the process.

Key Strategic Pillars for Fighting Weapons Offenses:

Challenging the Legality of the Stop, Search, and Seizure (Fourth Amendment):

Lack of Probable Cause/Reasonable Suspicion: Many weapons charges arise from traffic stops or street encounters. The firm will aggressively challenge whether law enforcement had a lawful basis (reasonable suspicion for a stop, probable cause for a search) to initiate contact or search the client, their vehicle, or their property.

Warrantless Searches: Unless a valid exception applies (e.g., plain view, exigent circumstances, consent), searches without a warrant are generally illegal. Crag Chaderton Law Firm will move to suppress any weapon found through an unlawful warrantless search.

Site Map

Weapons Offenses

How Gun Offenses Are Limited In Florida.

Universal Background Checks

Red Flag" Laws (Extreme Risk Protection Orders)

Raising the Minimum Age for Purchase

Waiting Periods

Restrictions on Certain Types of Firearms/Accessories:

Assault Weapons Bans

High-Capacity Magazine Bans

Bump Stock" and "Glock Switch" Bans

Prohibitions for Specific Offenders

Domestic Abusers

Violent Misdemeanor Prohibitions

Stalker Prohibitor

The Importance of Legal Representation in Weapons Offense Cases

Given the complex nature of Florida's weapons laws and the severe consequences of a conviction, anyone facing weapons charges needs immediate and experienced legal counsel.

How the Crag Chaderton Law Firm Can Help:

The Crag Chaderton Law Firm is dedicated to providing robust defense for individuals accused of weapons offenses in Florida. They understand the nuances of firearms laws and the aggressive stance of prosecutors.

Thorough Case Evaluation: They will meticulously review the details of your arrest, the charges against you, and all evidence collected by the prosecution. This includes scrutinizing police reports, witness statements, and forensic evidence.

Protecting Your Rights: They ensure your constitutional rights are upheld, particularly regarding illegal search and seizure (Fourth Amendment) and your right to remain silent (Fifth Amendment). They can challenge illegally obtained evidence, potentially leading to its exclusion from court.

Developing a Strategic Defense: Depending on the specifics of your case, the firm can explore various defense strategies:

Lack of Possession: Arguing that the weapon was not actually in your possession or control (actual vs. constructive possession).

Self-Defense/Stand Your Ground: Asserting that your actions were justified in self-defense or the defense of others under Florida's "Stand Your Ground" law.

Lawful Carry: Demonstrating that you were legally permitted to carry the firearm (e.g., proper permit, or meeting permit less carry requirements in a non-prohibited area).

Mistaken Identity: Arguing that you were wrongly identified as the perpetrator.

Challenging Intent: For offenses requiring specific intent, arguing that the prosecution cannot prove you had the necessary intent.

Challenging Scientific Evidence: Questioning the integrity or interpretation of ballistics, fingerprint, or DNA evidence.

Negotiation and Litigation: The firm will aggressively negotiate with prosecutors to seek charge reductions, alternative sentencing, or diversion programs. If a favorable plea agreement cannot be reached, they are prepared to provide a strong defense in court.

Mitigating Penalties: Their goal is always to achieve the best possible outcome, whether that's a dismissal of charges, an acquittal, or minimizing the severe penalties associated with weapons offenses, including avoiding mandatory minimum sentences and preserving your civil liberties.

If you or a loved one is facing weapons charges in Florida, the stakes are incredibly high. Consulting with an experienced criminal defense attorney at the Crag Chaderton Law Firm as soon as possible is crucial to protecting your rights and building a strong defense.