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Weapons charges can quickly escalate into serious legal matters that threaten your freedom. Our skilled criminal defense attorneys are well-versed in Florida’s firearm laws and dedicated to building strong defenses for our clients. If you need trusted representation, a Jacksonville gun lawyer from our team can fight to protect your rights and your future.
Are you facing weapons charges in Jacksonville? If so, it’s important to protect your rights under the Second Amendment and Article 1, Section 8 of the Florida Constitution. Even though Florida has generous gun laws compared to other states, for example, citizens are NOT required to register their firearms, the penalties for violating one of the state’s gun laws can be severe and have life-altering consequences.
All Floridians should be aware that if they commit a crime and use a firearm while committing the offense, they can face enhanced penalties. Under Section 775.087(1) of the Florida Statutes, whenever someone is charged with a felony offense, and during the commission of the crime, they carry, display, use, threaten to use, or attempt to use a firearm, the crime will be elevated as follows:
There are laws in place at both the federal and state levels to prevent certain individuals from gaining possession of firearms. These laws are in place for two reasons: to prevent violence and to punish criminals. Federally speaking, a person would be prohibited from gun ownership in Jacksonville if they:
The state of Florida does not allow people to purchase or possess firearms if they:
Florida recently legalized the use of marijuana for medical purposes. Because marijuana is still considered a controlled substance in Florida, people who use it (even legally for medical purposes) cannot ship, receive, or possess a firearm. It is also illegal to sell a firearm to anyone who uses controlled substances.
If someone is caught possessing or using a gun in an illegal manner in Florida, they can expect severe consequences. The consequences for such an act depend on the exact circumstances surrounding the crime as well as the nature of the crime, however, some of the potential charges include:
Such charges have enhanced penalties if the weapon in question was used during a crime that had been commissioned:
While a conviction on a gun charge can impact your freedom for years, the truth is your record and rights could be forever changed. A felony conviction means you will lose your right to vote and own a firearm, and your record is generally available for employers, lenders, and landlords to find, many of whom will deny you what you seek: a job, a bank loan, or a home. This problem will surface during any background checks you submit to, and the long-term strain on your family will also affect you. The stakes are high if you face a felony conviction. Your best decision is to seek a well-practiced gun lawyer in Jacksonville to represent you.
Gun charges are serious and generally felonies in Florida, with a few exceptions, such as juvenile gun possession and failing to follow the law for transporting guns in your vehicle, which are misdemeanors. A gun charge means you will be exposed to the criminal court process, and you should know what to expect.
After an arrest, you will be booked into the Duval County Jail. Remember, you have the right to consult with an attorney, to remain silent until you can seek counsel, and to post bond.
The prosecution and your attorney will gather evidence and interview witnesses, which helps the prosecution determine what charges to bring against you and helps your attorney build a strong case.
The arraignment is when a judge officially reads the charges against you and asks you how you plead: guilty, not guilty, or no contest.
Pre-trial hearings include discovery, in which attorneys share their findings, filing motions, for example, to dismiss your case, and negotiating to seek lesser charges or a dismissal by the prosecutor.
The trial happens before a jury of your peers, in which both sides present their cases, and the jury determines your fate. If you are convicted, the judge will render your sentence within 90 days of the trial’s closing. A Jacksonville gun attorney is a critical component of the process, and you should consider the most experienced team in the area: the attorneys at the Law Offices of Jason K.S. Porter, P.A.
An arrest is not a conviction. You have the right to present a credible defense in court through your skilled attorney, who will explore every benefit available to you. The prosecutor must prove your guilt beyond a reasonable doubt, and our attorneys masterfully introduce doubt through your defense. Some defenses that may apply to you include:
The jury must have no doubt that you are the only person who could have committed the crime you are accused of, and this issue can be resolved when you Pick Porter™ for your weapons defense in Jacksonville.
In the face of weapons charges, you need a strong legal defense. Our founding attorney, Jason K.S. Porter, Esquire has garnered a reputation for excellence in the field of criminal law. In the legal community, his peers have recognized him with the Martindale-Hubbell® AV Preeminent Rating®, and he has been awarded a 10.0 Superb Avvo Rating in criminal defense.
The above recognitions demonstrate Attorney Porter’s high standard of excellence in the legal field. Going further, with approximately 100 years of collective experience, our Jacksonville gun lawyer stands ready to defend you against weapons-related charges. Call for a free consultation.
Schedule your case evaluation – contact us online or call (904) 858-3211 today.
In some limited circumstances, these rights could be restored. To know for sure in your case, Pick Porter™ for a complimentary case assessment.
Yes. Unfortunately, employers, lenders, and landlords will judge you for any gun convictions and are not required to provide their services if they decide against you. You can also lose federal student loans and your place in college. Some treatments could also affect your family negatively.
Some firearm charges in Florida are eligible for expungement, in which your file will be sealed or the conviction erased. However, there are qualifying requirements, such as having no prior convictions. Talk to your defense lawyer to see if you qualify.
Don’t wait to see how an investigation plays out. You need experienced guidance from a skilled weapons defense attorney who thoroughly understands the criminal justice system. Pick Porter™ now to protect your rights and advocate for you.
(904) 858-3211