Are you facing weapons charges in Lakeland, FL? If you are accused of firearms or weapons offenses in Florida, you could face severe penalties for a conviction. Your best strategy is to fight the charges with the help of an aggressive Lakeland weapons charges lawyer at Thomas C. Grajek, Attorney At Law. Call us at (863) 688-4606.
Attorney Thomas C. Grajek has over 25 years of experience in criminal law and a proven track record of defending clients against criminal matters, including weapons charges. Having an experienced firearms lawyer on your side can make a difference in obtaining a favorable outcome in your case. You can contact us online for more information.
How Thomas C. Grajek, Attorney At Law Can Help You With Weapons Charges in Lakeland, Florida
You may have the right to own and possess a firearm or weapon in Lakeland, Florida. However, the government can restrict your rights by enacting laws to regulate the use of firearms and guns. If you break the law, you could face weapons charges. The consequences of a conviction could be devastating.
When you hire our top-rated criminal defense lawyers in Lakeland, you can trust our legal team to:
- Complete a thorough investigation into the circumstances surrounding your weapons charges
- Analyze the laws and evidence in your case to explain your legal options for a defense
- Obtain and review the prosecution’s evidence against you to determine the strengths and weaknesses of their case
- Gather evidence supporting the defenses in your case, including working with expert witnesses as necessary
- Discuss the pros and cons of accepting a plea agreement versus taking your case to trial
- Aggressive advocate for you during negotiations with the prosecution and at all court appearances
Our criminal law attorney is nationally recognized for his expertise, including being listed on The National Trial Lawyers Top 100. He is a member of several prestigious legal organizations, including the Florida Bar Criminal Law Section, the Florida Association of Criminal Defense Lawyers, and the National Association of Criminal Defense Lawyers.
Contact Thomas C. Grajek, Attorney At Law to schedule a case evaluation with an experienced Lakeland criminal defense attorney.
Overview of Florida Weapons Laws
One of the most common weapons charges is the unlawful possession of a firearm or other weapon. Therefore, understanding Florida laws for possessing a firearm or gun is one way to avoid criminal charges. Florida Weapons and Firearms Code §790.06 states the following individuals are prohibited from owning or possessing firearms and guns:
- Individuals under the age of 21 years old
- A person committed to a mental institution within the past three years
- A person who chronically and habitually uses alcohol, drugs, or other substances causes impairment
- A person prohibited from owning or possessing a firearm or other weapons by a domestic violence order
- A person committed to a drug abuse facility or convicted of drug crimes within the past three years
In addition to state laws prohibiting gun and weapon ownership, federal laws prohibit specific individuals from possessing weapons. For example, illegal aliens, fugitives from justice, and convicted felons are prohibited from purchasing or possessing a firearm under federal law. Individuals who were dishonorably discharged from the US Armed Forces or renounced United States citizenship are also prohibited from owning a firearm.
What Are Common Weapons Charges in Lakeland, FL?
Numerous weapons charges could lead to lengthy prison sentences and other penalties. Our criminal defense attorney defends clients against all types of weapons charges, including but not limited to:
Possession of a Concealed Weapon
As of July 1, 2023, individuals can carry a concealed weapon without a permit. However, you can still be charged with a weapons crime if you do not meet the criteria to carry a concealed weapon. Individuals must meet the same criteria to receive a Concealed Weapon License to carry a concealed weapon legally in Florida without a permit.
You can also be arrested for possession of a concealed weapon if you have a concealed weapon in a place where firearms are prohibited. If you are arrested for unlawfully carrying a concealed weapon, you can be charged with a third-degree felony.
Armed Robbery
Florida law defines armed robbery as stealing someone’s property while possessing a deadly weapon, including a firearm or knife. The penalties for armed robbery vary depending on the circumstances, such as your criminal history, whether you fired a gun, and whether someone sustained injuries.
Assault With a Deadly Weapon
Assault with a deadly weapon is a third-degree felony. It is a form of aggravated assault. Deadly weapons can include firearms, knives, glass bottles, and other items that could cause serious bodily injury or death.
Other Common Weapons Charges in Florida
The above examples are only three of the possible weapons charges a person may face. Other common weapons charges include:
- Felon in possession of a firearm
- Gun trafficking and trafficking of other weapons
- Improper exhibition of a firearm
- Carjacking with a gun
- Allowing someone under 16 years old access to a loaded firearm
- Using a weapon under the influence of alcohol or drugs
- Negligently or intentionally discharging a firearm in a public space
- Illegal sale or transfer of firearms
An arrest for weapons charges is not a guilty verdict. The state must prove each element of the offense beyond a reasonable doubt. A skilled criminal lawyer can review your case and explain the defenses that could help you avoid a conviction.
What Are the Penalties for Weapons Charges in Lakeland, FL?
Florida protects the rights of gun owners. However, the law severely punished violations of the weapons laws. Weapons charges may be misdemeanor or felony offenses. Even when facing a misdemeanor weapons charge, you must fight the charges to avoid severe punishments.
Florida Statute §775.087 sets the minimum sentences for weapons crimes. The 10-20-Life Law imposes the following minimum sentences for weapons charges:
- Possession of a firearm during a crime has a 10-year minimum prison sentence.
- Discharge of a firearm during the commission of a crime has a 20-year minimum prison sentence.
- Inflicting injury or causing death to someone with a weapon while committing a crime carries a minimum sentence of 25 years to life in prison.
Judges consider numerous factors when ordering a sentence for weapons charges. The circumstances of the offense, the defendant’s criminal history, aggravating factors, and mitigating circumstances can impact the sentence.
What Are Potential Defenses to Weapons Charges in Lakeland, FL?
The defenses your attorney may use for weapons charges depend on the facts of your case. Potential defenses your attorney may explore include, but are not limited to:
Lack of Intent
Many weapons charges require the person to have intent to commit the crime. A lack of intent is a potential defense when the conduct was the result of an accident or the defendant did not know they were breaking the law.
Self-Defense
Florida self-defense laws may be a defense to weapons charges when the defendant was lawfully defending themselves or others from harm. The defendant must prove the legal elements of self-defense for the defense to work.
Lawful Possession
Your attorney may offer proof that you were in legal possession of the firearm or weapon. This defense is useful for unlawful possession charges.
Unlawful Search and Seizure
Law enforcement officers must have probable cause or a warrant to conduct a search. If a weapon was discovered during an illegal search, your attorney will argue that the evidence is inadmissible because the illegal search violated your rights.
Lack of Knowledge
If you are accused of possessing a firearm or weapon, your attorney may argue that you did not know the weapon was present. Therefore, you did not have possession or control of the weapon. This defense may be used when you share a home or space with another person.
Steps to Take After an Arrest for Weapons Charges in Lakeland, FL
If you are arrested for weapons charges, things to remember include:
- Do not argue with the police or resist arrest. Stay calm and remain cooperative.
- Exercise your right to remain silent. Do not talk to the police or prosecutor without an attorney present.
- Do not plead guilty or no contest without seeking legal advice.
- Avoid using social media or discussing your case with anyone other than your attorney.
- If your weapons charges involve an alleged victim, do not contact the victim or their family members.
As soon as possible, contact an attorney to discuss your case. Sound legal advice is the best way to defend yourself when you face criminal charges.
Schedule a Consultation With Our Lakeland Weapons Charges Lawyers
Our legal team is dedicated to protecting the weapons rights of our clients. If you are charged with a weapons crime, call Thomas C. Grajek, Attorney At Law to speak with a Lakeland weapons charges lawyer. We will stand up for you to protect your freedom and interests as we fight to clear you from criminal charges.
Visit Our Lakeland Criminal Defense Law Office
Thomas C. Grajek, Attorney at Law
112 E Poinsettia St,
Lakeland, FL 33803
Open 24 hours