Fort Lauderdale, Florida Gun Crimes Defense Lawyer

Attorney Helping Defend Against Firearm Charges in Fort Lauderdale

People in the United States have the right to bear arms under the Second Amendment, and Florida also provides people with the right to own and carry firearms under certain conditions. However, these rights come with strict legal responsibilities. When someone is accused of violating firearm laws, the consequences can be severe. Convictions for gun crimes can lead to prison sentences, fines, and other penalties, including the loss of gun ownership rights.

The Hoffman Firm represents clients in Fort Lauderdale who are facing criminal charges related to firearms. We also provide assistance to people who are seeking to restore their gun ownership rights. Our attorney understands the complexity of the gun laws in Florida, and he provides skilled legal representation to help people protect their Second Amendment rights, defend against convictions, and minimize the penalties that could affect their lives.

Firearm-Related Criminal Charges

Florida's firearm laws cover a wide range of offenses. The severity of the charges will usually depend on the circumstances of a case, the person's criminal history, and whether a firearm was allegedly used or possessed during the commission of another crime. Our lawyer can help defend against multiple types of gun crimes, including:

• Carrying a Concealed Weapon Without a Permit: People in Florida are allowed to carry concealed weapons if they have the proper licenses or if they meet the criteria for receiving and maintaining a concealed weapons license. Carrying a concealed firearm without a valid license or without meeting the proper criteria is a third-degree felony, punishable by up to five years in prison.
• Possession of a Firearm by a Convicted Felon: It is illegal for a convicted felon to own, possess, or control a firearm or ammunition. A person who violates this restriction could be charged with a second-degree felony, with penalties including up to 15 years in prison.
• Improper Exhibition of a Firearm: Displaying a firearm in a threatening, careless, rude, or angry manner in the presence of others could lead to criminal charges. This offense is a first-degree misdemeanor with a potential prison sentence of up to one year.
• Use of a Firearm During the Commission of a Crime: Florida courts may impose enhanced penalties when a person is accused of using a firearm during a felony. Under Florida's "10/20/Life" law, possessing a firearm during a felony can result in a mandatory minimum jail sentence of 10, firing a weapon during a felony may result in a minimum sentence of 20 years, and causing serious injuries or death through the use of a firearm during a felony may result sentence of 25 years to life in prison.
• Firearm Trafficking: The illegal sale, purchase, transport, or distribution of firearms can lead to serious criminal charges. In many cases, these offenses are prosecuted as third-degree felonies. If a person is accused of illegally transporting or distributing firearms across state lines, they could face federal weapons charges.

Florida's Red Flag Laws

Florida law permits law enforcement to petition for a Risk Protection Order (RPO) against someone who is believed to pose a significant danger of causing harm to themselves or others by possessing a firearm. This is part of Florida's red flag law. Under a Risk Protection Order, a person may be required to surrender all firearms and ammunition, and they will be prohibited from purchasing or possessing firearms. An RPO may last for up to 12 months, and it can be extended if necessary.

Risk Protection Orders are handled in civil proceedings, but violating them can result in criminal charges. Even without a criminal conviction, these orders can seriously impact a person's rights and reputation. Our lawyer can represent clients during RPO hearings, helping them challenge unjust or unsupported orders and working to protect their right to lawfully possess firearms. We can also help address criminal charges related to the violation of an RPO.

Defense Strategies for Firearm Charges

Our attorney can develop effective defenses for people who have been charged with gun crimes. His goal is to achieve a dismissal, reduced charges, or alternative sentencing that will help a person avoid a jail sentence and the loss of their firearm rights. The defense strategies used in these cases may include:

• Challenging the legality of a search or seizure by law enforcement in which weapons were found
• Arguing that a person did not have knowledge or control over a firearm
• Demonstrating that a firearm was possessed lawfully under Florida's concealed carry laws
• Highlighting procedural errors or demonstrating that there is insufficient evidence to convict a person of a gun crime
• Negotiating plea agreements that will help a person avoid a conviction or prison time

In many cases, particularly those involving first-time offenders, our lawyer can pursue pretrial diversion, probation, or other resolutions that will help clients avoid a permanent criminal record and the loss of their rights.

Restoring Firearm Rights Through Clemency

A felony conviction in Florida will result in the automatic loss of certain civil rights, including the right to own or possess firearms. However, it may be possible to restore gun rights through a clemency application. Our attorney assists clients with the clemency process, which may include:

• Petitioning for the restoration of civil rights
• Preparing a comprehensive application and supporting documentation
• Presenting evidence of rehabilitation, community involvement, and good character
• Representing clients during clemency board hearings

Restoring firearm rights can be a complex and time-consuming process, but with proper legal guidance, eligible applicants can regain their constitutional rights and move forward with a clean slate. Our goal is to help clients avoid the ongoing effects of criminal convictions while preventing potential criminal charges in the future.

Contact Our Fort Lauderdale, FL Firearm Crimes Defense Lawyer

Criminal charges related to firearms can lead to serious penalties and lasting consequences. At The Hoffman Firm, our lawyer can provide the representation needed to address firearm charges and protect our clients' rights. Learn more about your legal options when addressing weapons charges by contacting our Fort Lauderdale gun crimes attorney at 954-524-4474 and scheduling a free consultation.