If you’re a defendant facing weapons charges in Polk County, FL, having a skilled lawyer to stand by your side is essential. These cases can carry serious consequences, ranging from fines to jail time to personal consequences long after your case is resolved. Navigating the legal system without professional help can be overwhelming.
Our experienced Polk County weapons charges lawyer has over 25 years of experience and understands the complexities of weapons laws and can determine the best defense for your case. Reach out to Thomas C. Grajek, Attorney At Law today for an initial consultation to get started with your case. You can contact us online or call (863) 688-4606.
How Thomas C. Grajek, Attorney At Law Can Help if You’re Arrested for Weapons Charges in Polk County, Florida
If you’ve been arrested for weapons charges in Polk County, we can provide effective defense strategies for your case. Here’s what our award-winning Polk County criminal defense attorney can do for you:
- We work to challenge the government’s evidence and protect your constitutional rights. If any evidence was obtained illegally, we will file a motion to suppress to get the evidence thrown out, meaning it can’t be used against you in court.
- We conduct thorough investigations, gathering witness statements and reviewing law enforcement bodycam footage to uncover weaknesses in the prosecution’s case.
- Our firm negotiates with prosecutors to seek eliminated or reduced charges or alternative sentencing through plea deals.
- We will represent you at all court appearances and hearings, including taking your case to trial if that’s in your best interest.
Having an attorney who understands the specific nuances of weapons law in Florida helps ensure that your case receives the attention and expertise it deserves. Contact our weapons charges lawyer in Polk County, Florida, today to set up a consultation.
Overview of Weapons Charges in Florida
Florida has strict laws regulating the possession, use, and sale of weapons. Understanding these offenses is essential if you’re facing charges in the state. Some commonly charged weapons offenses include:
Selling and Delivering Firearms
Florida law requires sellers of firearms to comply with specific procedures, including conducting background checks and obtaining approval from the Department of Law Enforcement. Selling or handing over firearms without following these rules can result in criminal charges.
Possessing and Discharging Weapons on School Property
It’s unlawful to display or threaten others with weapons like guns or knives near schools or on school grounds. Firing a weapon in close proximity to a school or in front of minors is also prohibited and treated seriously under the law.
Discharging Firearms in Public or on Residential Property
Firing a gun on streets, highways, or in residential neighborhoods is illegal, whether done intentionally or recklessly. This offense is intended to keep public spaces safe from the dangers of stray or negligent shooting.
Using Firearms While Under the Influence
Operating or discharging a firearm after consuming alcohol, drugs, or controlled substances violates Florida laws designed to prevent accidents caused by impaired judgment.
Improperly Exhibiting Firearms or Weapons in Public
Displaying a firearm or weapon in public in a threatening or aggressive manner when not acting in self-defense can lead to criminal charges.
Knowing the types of weapons charges in Florida can help you understand what you could be facing.
What Are the Penalties For Weapons Charges in Polk County, Florida?
Weapons charges in Polk County vary in severity depending on the specific offense, with penalties ranging from misdemeanors to serious felonies.
Selling and Delivering Firearms
Providing false information during a firearm sale or breaking any laws related to firearm transactions is classified as a third-degree felony, with penalties including up to five years in prison and fines up to $5,000. Selling firearms illegally, such as to minors or prohibited individuals, also falls under this felony category.
Possessing and Discharging Weapons on School Property
Brandishing a weapon in a threatening way within 1,000 feet of school property is a third-degree felony, with potential jail time up to five years and fines up to $5,000. Loading a firearm near a minor is a second-degree misdemeanor, punishable by up to 60 days in jail or a $500 fine.
Discharging a firearm on or near school grounds is treated more severely as a second-degree felony, carrying up to 15 years in prison and fines up to $10,000.
Discharging Firearms in Public or on Residential Property
Intentionally or carelessly firing a gun in public areas can result in a first-degree misdemeanor with possible jail time up to a year and fines up to $1,000. Shooting from a vehicle near others is a more serious second-degree felony, carrying up to 15 years in prison and higher fines.
Encouraging someone to fire from a vehicle is also a third-degree felony, with penalties of up to five years and fines.
Using Firearms While Under the Influence
Discharging a weapon under the influence is a second-degree misdemeanor, punishable by up to 60 days in jail and/or a fine up to $500.
Improperly Exhibiting Firearms or Weapons in Public
Displaying or brandishing a firearm in a threatening manner, when not for self-defense, is considered a first-degree misdemeanor that can lead to up to one year in jail and fines of $1,000.
There can also be collateral consequences related to a weapons-related offense conviction in Florida, such as difficulty finding housing and employment, immigration issues if applicable, damage to your reputation, and more.
Knowing these potential penalties can help individuals understand the seriousness of weapons charges and the importance of skilled legal representation. Note as well that these penalties may be increased in certain cases if there are “aggravating factors” present, such as a prior criminal record.
What Defenses Can Be Raised if I’m Arrested For Weapons Charges in Florida?
If you’re facing weapons charges, there are several defenses your defense lawyer may use to challenge the accusations and protect your rights.
Lack of Knowledge or Intent
One possible defense is proving that you did not know you were carrying the weapon or had no intent to use it unlawfully. Sometimes, situations arise where possession is accidental or completely innocent.
For example, you may have borrowed a friend’s jacket and later discovered a weapon hidden in the pocket. In this scenario, it is important to gather evidence and witnesses who can attest to your lack of knowledge or intent.
Illegal Search or Seizure
If law enforcement discovered the weapon through an unlawful search or without a proper warrant, your attorney can argue that the evidence should be excluded. This can significantly weaken the prosecution’s case.
Self-Defense
In cases where the weapon was used to protect yourself or others from immediate harm, claiming self-defense may justify certain actions and help reduce charges.
Knowing which defenses apply to your case helps in building a strong legal strategy and improving your chances when facing weapons-related allegations.
Facing weapons charges in Florida can be overwhelming, but you don’t have to face it alone. Understanding the laws and potential consequences is an important first step. Working with a knowledgeable attorney who knows the ins and outs of Florida’s weapons laws can make a big difference in building a strong defense.
If you’re dealing with these charges, reaching out for legal help as soon as possible is the best way to secure the support you need. Contact Thomas C. Grajek, Attorney At Law to schedule a consultation with a Polk County weapons charges attorney.