criminal defence

Firearm Charges Defense in West Palm Beach

Florida takes firearm charges seriously, and prosecutors pursue them aggressively. A conviction can mean mandatory minimum prison time, a permanent felony record, and the permanent loss of your right to possess a firearm. Some of these charges carry sentences that are fixed by statute, leaving a judge little or no discretion at sentencing. That is what makes the defense of these cases so consequential.

If you have been charged with a firearm offense in South Florida, call Jeacoma Law today for a confidential consultation.

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Weapon Charge Defense | Possession & Carry Allegations | Search & Seizure Issues

The 10-20-Life Law

One of the most important statutes in Florida firearm cases is § 775.087, known as the 10-20-Life law. It imposes mandatory minimum sentences when a firearm is possessed or used during the commission of certain enumerated felonies, regardless of whether use of a weapon is an element of the underlying charge.

If a firearm is possessed during the commission of a qualifying felony, the mandatory minimum is 10 years. If the firearm is discharged, the mandatory minimum increases to 20 years. If the discharge results in death or great bodily harm to any person, the mandatory minimum is 25 years to life.

These minimums are not negotiable at sentencing. A judge cannot impose less, and gain-time does not apply. This is why the defense of the underlying charge, and any pretrial motions challenging the evidence, are so critical in cases where the 10-20-Life law is implicated.

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Common Firearm Charges in Florida

Possession of a Firearm by a Convicted Felon under § 790.23, Fla. Stat., is one of the most frequently prosecuted firearm offenses in Florida. It is unlawful for any person convicted of a felony in Florida or any other jurisdiction to own, possess, or control a firearm, ammunition, or certain electric weapons. This prohibition applies to actual possession, meaning the firearm was on your person, and to constructive possession, meaning the firearm was in a location you controlled, such as a vehicle or home. A violation is a second-degree felony carrying up to 15 years in prison. With prior qualifying convictions, it can be elevated to a first-degree felony punishable by up to life.

Carrying a Concealed Firearm Without a License under § 790.01, Fla. Stat., was significantly changed by Florida’s 2023 permitless carry law. Florida now permits individuals who meet certain criteria to carry a concealed firearm without a license. However, the right is not unlimited. People who do not meet those criteria and carry a concealed firearm commit a third-degree felony. Certain locations remain off-limits regardless of licensure, and other restrictions apply.

Possession of a Firearm Subject to a Domestic Violence Injunction under § 790.233, Fla. Stat., makes it a first-degree misdemeanor for a person subject to a domestic violence, stalking, or cyberstalking injunction to possess a firearm or ammunition. This charge frequently arises alongside or following domestic violence proceedings.

Discharging a Firearm in Public under § 790.15, Fla. Stat., is a first-degree misdemeanor. Discharging a firearm from a vehicle within 1,000 feet of a person is a second-degree felony.

Improper Exhibition of a Firearm under § 790.10, Fla. Stat., involves displaying a firearm in a rude, careless, angry, or threatening manner not in self-defense. It is a first-degree misdemeanor.

Possession of a Firearm on School Property under § 790.115, Fla. Stat., is a third-degree felony.

Actual vs. Constructive Possession

Many firearm cases turn on the distinction between actual and constructive possession. Constructive possession requires the State to prove that the defendant knew the firearm was present and had the ability to exercise dominion and control over it. In cases involving shared spaces, shared vehicles, or firearms found in locations not exclusively used by the defendant, this element can be contested effectively.

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Common Defenses

Unlawful search and seizure is one of the most powerful defenses in firearm cases. If law enforcement obtained the firearm through a stop, search, or entry that violated the Fourth Amendment, a motion to suppress can result in the evidence being excluded. Without the firearm, the State typically has no case.

Lack of knowledge applies in constructive possession cases where the defendant was unaware the firearm was present.

Illegal status challenge applies in felon-in-possession cases where the prior conviction that serves as the predicate is subject to challenge, including cases where civil rights were restored or the prior conviction was vacated.

No qualifying predicate offense applies where the State cannot establish that the defendant has the prior conviction or status required for the charge.

Talk to a Firearm Charges Defense Attorney

Firearm charges in Florida move quickly and the mandatory minimum sentencing framework means there is little room for error. An attorney who gets involved early, challenges the evidence, and understands the sentencing implications can make a significant difference in the outcome.

Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.

What a Conviction Can Cost You

Beyond incarceration, a firearm conviction carries lasting consequences. A felony conviction results in the permanent loss of the right to possess firearms under both Florida and federal law. It affects employment, professional licensing, and housing. For non-citizens, it can trigger immigration consequences including deportation. And for anyone on probation at the time of a firearm arrest, a violation of probation proceeding will almost certainly follow.

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