Miami, Florida Federal Weapons Crimes Lawyer

Skilled Lawyer for Federal Charges Related to Firearms in Miami, FL

While there are a variety of situations where people may be accused of gun crimes, the potential penalties will often be more serious if the federal government becomes involved. Federal crimes carry severe penalties, including lengthy sentences in federal prisons and significant fines. Federal agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the FBI may investigate gun-related offenses, and prosecutors will often seek the harshest penalties allowed by law.

If you have been charged with a federal weapons offense, it is crucial to secure legal representation from an attorney who has experience representing clients in federal courts. At The Hoffman Firm, our Miami federal weapons charges lawyer can help you build a strong defense. We will advocate on your behalf, working to reduce or dismiss charges. We can help address the complex issues that may be involved in federal firearm cases and help you to avoid penalties such as lengthy imprisonment and the permanent loss of your gun rights.

Firearm Trafficking

Transporting, buying, selling, or distributing firearms illegally can result in federal weapons trafficking charges. These offenses may address illegal actions such as:

• Smuggling guns across state or national borders
• Selling firearms without a federal firearms license
• Engaging in "straw purchases" (buying a gun for someone who is prohibited from owning one)

Firearm trafficking convictions can lead to up to 15 years in federal prison. Additional penalties may apply if the weapons were used in other crimes, such as terrorism or drug trafficking.

Possession of a Firearm by a Prohibited Person

Certain people are prohibited from owning or possessing firearms, including:

• Convicted felons
• People who have been convicted of domestic violence offenses
• People who are subject to restraining orders
• Fugitives from justice
• Undocumented immigrants
• People who are addicted to drugs or who are "unlawful users" of controlled substances
• People who have been committed to mental health facilities

Possession of a firearm by a prohibited person is punishable by up to 15 years in prison. Selling or delivering a firearm to a prohibited person may also result in federal charges, and this offense carries a potential sentence of up to 10 years.

Use of a Firearm in Drug Trafficking or Violent Crimes

The penalties for certain offenses may be enhanced if a person is accused of using a firearm when committing these crimes. Federal law imposes mandatory minimum sentences for using or carrying a firearm during the commission of a drug trafficking offense or violent crime. These sentences include:

• Possession of a firearm during a drug crime or violent offense: Minimum 5 years in prison.
• Brandishing a firearm: Minimum 7 years in prison.
• Discharging a firearm: Minimum 10 years in prison.

Enhancements may also apply based on the type of weapon used. The possession of short-barreled rifles or shotguns or semiautomatic assault weapons during a drug crime or violent crime carries a mandatory minimum of 10 years. Possession of a machine gun or a weapon equipped with a silencer can lead to a mandatory minimum sentence of 30 years.

How Our Miami Federal Weapons Charges Defense Lawyer Can Help

A federal gun charge is a serious legal matter that requires an aggressive defense strategy. Our attorney can assist with these cases by:

• Challenging the Evidence: Many federal firearm cases rely on evidence obtained through searches performed by law enforcement officials. Our lawyer may argue that a firearm was discovered through an illegal search and seizure in violation of the Fourth Amendment.
• Negotiating for Reduced Charges or Dismissal: If the prosecution's case has weaknesses, our lawyer may negotiate for lesser charges that avoid mandatory minimum sentences, or we may seek a dismissal of certain charges if the evidence is insufficient.
• Arguing Lack of Criminal Intent: Prosecutors will usually need to prove that the defendant knowingly and intentionally violated federal gun laws, such as by selling or transferring a gun to a person that they knew was prohibited from possessing firearms. If a person unknowingly possessed an illegal firearm or was falsely accused of trafficking, our attorney can present evidence to challenge the government's claims.
• Defending Against Mandatory Minimum Sentences: If a conviction is unavoidable, our lawyer can argue for a reduced sentence based on mitigating factors, such as a lack of knowledge of firearm regulations or a person's willingness to cooperate with law enforcement.
• Handling Firearm Licensing and Registration Issues: If a case involves licensing or registration violations, our attorney will work to resolve the issue without criminal penalties. This can help firearms dealers avoid regulatory violations that could affect their businesses.

Contact Our Miami Federal Weapons Charges Defense Lawyer

The penalties for federal weapons crimes can be severe. At The Hoffman Firm, our Miami federal weapons crimes attorney can evaluate your case, develop a defense strategy, and fight to protect your rights. Contact our office today at 305-249-0090 to schedule a free consultation.