Lakeland Gun Crimes Lawyer

Were you charged with a gun crime in Lakeland, FL? States enact gun laws to determine how individuals can purchase, possess, and use firearms within the state. Contact a Lakeland gun crimes lawyer at Thomas C. Grajek, Attorney at Law, to schedule a consultation.

Even though the U.S. Constitution gives us the right to bear arms, it does not prohibit states from restricting those rights. Florida gun laws cover a wide variety of gun crimes that can result in severe penalties for a conviction.

With over 25 years of experience fighting criminal charges, Attorney Thomas C. Grajek is equipped to handle the most challenging cases. He is only one of four attorneys in Florida to be recognized as an ACS-CHAL Forensic Lawyer-Scientist, which can be very beneficial in gun crime cases.

How Our Lakeland Criminal Defense Lawyer Can Help You Defend Yourself Against Gun Crime Charges

How Our Lakeland Criminal Defense Lawyer Can Help You Defend Yourself Against Gun Crime Charges

If you have been arrested for gun crimes in Lakeland, Florida, it is crucial to hire an experienced defense attorney immediately. A skilled Lakeland criminal defense attorney understands the law and defends your charges aggressively.

When you hire our award-winning lawyer, you can rest assured we will:

  • Thoroughly investigate the gun charges against you
  • Explain your legal options and how Florida gun laws apply in your case
  • Develop a defense strategy designed to obtain the best possible outcome in your case
  • Gather evidence that supports our defense, including working with expert witnesses as necessary
  • Analyze the state’s evidence against you to determine its weaknesses and strengths
  • Discuss the risks of taking the case to trial and the pros and cons of a plea deal
  • Negotiate fair terms for a plea agreement if going to trial is not in your best interest
  • Take your case to trial and fiercely defend your rights if that is the best strategy for your case

Attorney Thomas C. Grajek is recognized for his legal expertise by numerous national organizations, including the National Association of Criminal Defense Lawyers and the National Trial Lawyers Top 100. He has also received top ratings from peers and clients.

Contact Thomas C. Grajek, Attorney at Law to schedule a confidential consultation with an experienced Lakeland gun crimes lawyer.

Who Can Own a Firearm in Florida?

A typical gun crime is the illegal possession of a firearm. For example, a convicted felon is not permitted to possess or own a firearm for a specific period after conviction. Florida Weapons and Firearms Code §790.06 prohibits other individuals from owning or possessing guns and firearms, including:

  • Minors under the age of 21 years old
  • Anyone who habitually and chronically uses impairing substances, including alcohol
  • A person committed to a drug abuse treatment facility or convicted of related drug crimes within the past three years
  • Anyone prohibited from owning a firearm pursuant to a domestic violence court order
  • A person committed to a mental institution within the last three years

In addition to the above state law prohibiting gun ownership, ten categories under federal law prohibit someone from owning a gun. 

Gun Crimes in Florida

Even though Florida protects the rights of gun owners, the law includes restrictions on the use of guns and weapons. Some of the most serious gun crimes in Florida include, but are not limited to:

  • Aggravated battery and/or assault with a gun
  • Carjacking with a gun
  • Armed robbery with a gun
  • Illegal discharge of a gun
  • Carrying a concealed gun without a legal permit
  • Armed burglary with a gun
  • Possession of a gun or firearm by a convicted felon
  • Armed sexual battery
  • Shooting into an occupied dwelling
  • Discharge of a gun in public
  • Improper exhibition of a gun or weapon
  • Gun trafficking or trafficking other weapons
  • Cases involving allegations of the intent to commit manslaughter or murder
  • Possession of a gun in a prohibited location, such as an airport, government building, school, etc.

Gun crimes fall into several categories, including illegal possession of a gun and commission of a crime with a gun. The types of offenses vary greatly, including the potential penalties a court may impose for a gun crime conviction.

Our attorneys at Thomas C. Grajek, Attorney at Law handle all types of gun crimes in Lakeland and throughout Florida. We understand the different elements of gun crimes and the methods for defending the charges. Call us to schedule a consultation.

Penalties for Gun Crimes in Lakeland, FL

Gun crimes can be charged as felonies or misdemeanors. Even misdemeanor gun crimes carry severe punishments for a conviction.

Some convictions of gun crimes can result in minimum mandatory prison terms because of firearm enhancements for certain crimes. For example, Florida Statute §775.087 sets minimum sentences for some gun crimes, including the 10-20-Life Law:

  • Possession of a Firearm During a Crime – 10 years in prison
  • Discharge of a Firearm in the Commission of a Crime – 20 years in prison
  • Inflicting Injury or Causing Death to Someone with a Gun While Committing a Crime – 25 years to life in prison

The factors that affect sentencing in gun crime cases include the type of firearm used and the circumstances of the offense. Other factors include whether the person has prior convictions and the presence of mitigating or aggravating factors.

Potential penalties for gun charges include:

  • Second-Degree Misdemeanor – 60 days in jail and a $500 fine
  • First-Degree Misdemeanor – one year in jail and a $1,000 fine
  • Third-Degree Felony – five years in prison and a $5,000 fine
  • Second-Degree Felony – 15 years in prison and a $10,000 fine
  • First-Degree Felony – 30 years in prison and a $10,000 fine
  • Life Felony – life in prison and a $15,000 fine
  • Capital Felony – punishable by a sentence of death

It is crucial to consult with an experienced Lakeland weapons attorney as soon as possible if you are charged with a gun crime. An attorney understands the penalties for gun crimes and strategies for minimizing the penalties if possible.

What Are the Defenses to Gun Crimes in Florida?

If you are charged with a gun crime in Lakeland, there could be one or more defenses to the charges. Potential defenses to gun crimes include, but are not limited to:

Self-Defense

Florida’s “Stand Your Ground Law” allows a person to use deadly force if they have a reasonable belief deadly force is necessary to prevent great bodily harm or imminent death. Self-defense is an affirmative defense, so you must prove the legal elements that constitute self-defense with deadly force.

Unlawful Search and Seizure

The Fourth Amendment of the U.S. Constitution protects citizens from law enforcement performing illegal searches and seizures. Suppose the gun in question was discovered during an unlawful search. Your attorney can file a motion with the court to have the gun declared inadmissible in court because the police illegally obtained it.

Lack of Intent

Intent is a critical element of many crimes. The prosecutor must prove that you intended to commit the crime. Therefore, if you prove that the gun was discharged by accident or that you did not intend to use a weapon illegally, it may be a valid defense to the gun charges.

Lawful Possession

Providing proof in court that you legally obtained and possessed the gun can help your case. In some situations, it could weaken the prosecution’s case.

Lack of Knowledge

Suppose that you were unaware the gun was present. Your attorney can argue that you could not have committed the crime in possession of a gun because you had no idea it was present. This defense is often used when a gun is in a shared space.

What Should I Do if I’m Arrested for Gun Crimes in Lakeland, FL?

Do not panic or resist arrest. Instead, try to remain calm and remember to exercise your rights, including the right to remain silent except when your lawyer is present. 

It is best to remain quiet, even if the police continue to ask questions or tell you that you look guilty because you refuse to cooperate. Remember, police officers can lie to you to get you to talk.

As soon as possible, meet with a criminal defense lawyer. Do not discuss the charges against you with anyone other than your lawyer. Your attorney will advise you of other things you should and should not do as you prepare to defend yourself against gun charges.

Schedule a Consultation With Our Lakeland Gun Crimes Lawyer

We are committed to protecting the gun rights of Florida residents by providing an aggressive defense to gun charges. Never ignore a charge for a gun crime or assume the law is on your side. Call Thomas C. Grajek, Attorney at Law, to talk with our Lakeland gun crimes lawyer about your case and how we can help you clear your name. 

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