Tampa Gun Charge Lawyer

Defense Strategies for Gun and Weapons Charges in Tampa

Tampa criminal defense attorneys at Metcalf Falls use proven strategies to fight weapons charges. The strategy depends on the specific charge, the evidence, and your background. Below are the most common and effective defenses.

Unlawful Search and Seizure

This is the most common and often most successful defense in weapons cases. If police searched your car, home, or person without probable cause or a valid search warrant, the firearm is suppressible under the Fourth Amendment. We file Motions to Suppress and challenge the legality of the traffic stop, the search, or the seizure. Even if police claim consent, we examine whether that consent was knowing and voluntary. The Fourth Amendment protections in your criminal case are central to this defense, and unlawful traffic stops involving drug dogs and car searches are a common basis for suppression.

Lack of Knowledge

You did not know the firearm was present. For example, you were a passenger in someone else’s car when a gun was found, or the weapon was hidden in a shared space (apartment, dorm room, home you share with others). Prosecution must prove beyond reasonable doubt that you knew of the weapon’s presence and that you had dominion and control over it. We challenge weak knowledge evidence.

Constructive Possession Challenges

Prosecution must prove you had dominion and control over the firearm, not just proximity. If a gun is found in a vehicle or home with multiple occupants or guests, we challenge the state’s constructive possession claim. Mere presence near a weapon is insufficient. We demand proof that you had the intent and ability to control it.

Valid Permit or License

If you held a valid Florida concealed weapons permit (or valid out-of-state permit), you had the legal right to carry the firearm. If you were charged with carrying without a permit, we verify whether a valid permit existed but was not on your person. Penalties may be reduced or charges dismissed. If the weapon was being transported lawfully under Florida’s exceptions (in a vehicle, at home), we present that evidence to the court.

Stand Your Ground / Self-Defense

If you used or displayed a weapon in lawful self-defense, Florida’s Stand Your Ground law may apply. You have the right to use force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm. We invoke this defense and argue for immunity from prosecution. Florida courts have addressed when self-defense is an argument in violent crime cases, and the law applies even in cases involving whether a felon can use Stand Your Ground.

Challenging the 10-20-Life Enhancement

Florida’s 10-20-Life law is severe. We argue that the weapon was not “used” during the commission of a crime as required for the enhancement to apply. Reducing or eliminating the enhancement dramatically reduces sentencing exposure, from 10+ years to much less. This distinction can mean the difference between felony prison time and probation. Our attorneys handle weapon enhancement charges and fight to minimize mandatory minimums.

Penalties and Jail Time for Gun Charges in Tampa, FL

The criminal penalties and collateral consequences of gun convictions are serious. Contact a Tampa gun attorney right away whether you are looking at misdemeanor or felony charges.

Penalties for Misdemeanor Gun Charges

A first-degree misdemeanor is the most serious misdemeanor offense. If convicted, you can be sentenced to up to one year in jail, one year of probation, and fines up to $1,000. A second-degree misdemeanor is a lesser offense, punishable by up to 60 days in jail, six months of probation, and fines up to $500.

Penalties for Felony Gun Charges

For a felony weapons offense, the judge will sentence you based on the Florida Criminal Punishment Code. Every felony is given a specific ranking, which results in a certain number of points.

The higher the felony, the more points on your CPC scoresheet. A score of fewer than 44 points does not require imprisonment, but a score over 44 points subjects you to a minimum amount of time in prison. The judge uses the minimum and maximum sentences dictated by the CPC to decide your penalty.

Florida’s 10-20-Life Law Explained

Under Florida’s 10-20-Life sentencing enhancement (Fla. Stat. §775.087), if a firearm is involved in certain felonies: possessing a firearm during the crime triggers a mandatory minimum 10-year sentence; discharging the firearm triggers a mandatory minimum 20-year sentence; causing death or great bodily harm with the firearm triggers a mandatory minimum 25-year sentence or life imprisonment. These are in addition to the underlying offense penalties and apply regardless of your age, prior record, or personal circumstances. The judge has absolutely no discretion to impose a lesser sentence. Our attorneys handle weapon enhancement charges and fight these mandatory minimums aggressively.

Florida Criminal Punishment Code (CPC)

Florida uses a points-based sentencing system called the Criminal Punishment Code. Each charge carries a base number of points; additional points are added for prior convictions, weapon involvement, injury to others, and other aggravating factors. The total points determine the minimum sentence range. For weapons charges, weapon enhancements add significant points, making the difference between probation and prison. Understanding the CPC is essential to negotiating favorable outcomes.

Frequently Asked Questions About Weapons Charges in Tampa

What Are the Penalties for Carrying a Concealed Weapon Without a Permit?

Carrying a concealed weapon without a valid permit is a third-degree felony under Florida law, carrying penalties of up to 5 years in prison and a $5,000 fine. If you have a valid permit but were not carrying it on your person, penalties may be reduced or the charge dismissed. Our attorneys defend against concealed firearm charges and work to protect your rights.

Is It Illegal to Open Carry in Florida?

Yes, generally. Open carrying is illegal in Florida outside of very limited exceptions: fishing, hunting, camping, target practice, and travel to/from those activities. Open carrying outside these exceptions is a second-degree misdemeanor.

What Is the 10-20-Life Law?

10-20-Life is Florida’s mandatory minimum sentencing law for felonies involving firearms. 10 years for possession of a firearm during a felony, 20 years for discharge of the firearm, and 25 years to life for causing death or great bodily harm. These minimums are mandatory and cannot be waived.

Can a Convicted Felon Legally Possess a Firearm in Florida?

No. Under Florida Statute §790.23, it is a second-degree felony for a convicted felon to possess a firearm. Federal law (18 U.S.C. §922(g)) also prohibits it. Both state and federal charges can apply. Our attorneys defend felon in possession of a gun charges and can advise on rights restoration options.

What Should I Do if Police Found a Gun During a Traffic Stop?

Do not consent to any search. Invoke your right to remain silent and demand an attorney. The legality of the stop and subsequent search is often the most important issue in the case. If the stop was unlawful or the search was without probable cause or consent, the firearm may be suppressed. Contact an attorney immediately. Unlawful stops involving drug dogs and car searches are a frequent basis for suppression motions.

What to Do if You’re Investigated or Charged for a Weapons Offense

If you learn the police are investigating you, or the police stop and arrest you in public, the first thing you should do is invoke your right to remain silent, and the second is to invoke your right to legal counsel.

You cannot simply not talk. If all you do is keep quiet, the police will keep asking you questions. They will lie and manipulate you until you respond. Your silence also can be used against you in court.

You should clearly and specifically say, “I am invoking my right to remain silent, and I want a criminal defense attorney in Tampa.”

Defenses to Gun Charges in Tampa

You should not try to defend yourself against a weapons or firearms offense. Getting the best possible result requires working with an experienced gun criminal defense attorney in Tampa. By partnering with Metcalf Falls, you have someone who prioritizes protecting your rights and freedom throughout the criminal court process.

In crafting your defense, we will look at all the details of your case. We’ll determine whether you had actual knowledge of the weapon or firearm, whether it was in another person’s possession, and whether the firearm was loaded or functional.

Once we have all the facts, we can develop an aggressive strategy. We may use pretrial motions to suppress unlawfully obtained, irrelevant, or prejudicial evidence. We will prepare for jury selection, determine who will testify, and prepare each witness for direct and cross-examination.

Potential defenses to firearms charges include:

Defense of Property

Under Florida law, you are entitled to use non-deadly force to protect your land, home, or other personal property, like your vehicle. If you are accused of using a firearm unlawfully, but it was in response to a threat, trespasser, or home evasion, talk with a Tampa criminal defense attorney right away. This is an affirmative defense, but there are limits. Florida does not allow you to use deadly force to protect property.

Self-Defense

Florida’s Stand Your Ground law protects you if you have to use force to protect yourself or others. We will seek to show you reasonably believed it was necessary to defend yourself against another person’s imminent use of force against you or others. In some circumstances, Florida excuses the use of deadly force. You can only use deadly force if it is necessary to prevent a violent felony or to prevent imminent death or great bodily harm to yourself or others.

Lack of Intent

Certain firearms offenses require you to act willfully, knowingly, or intentionally. We may seek to prove you lacked the necessary intent to commit the criminal conduct. Instead, we might show the conduct occurred by accident or due to carelessness. This might result in an acquittal, or be useful in having a felony reduced to a misdemeanor.

Mistake of Identity

You might face gun charges for something you did not do. If you have been wrongfully accused and charged with a weapons crime, we will fight hard to prove there has been a case of mistaken identity. We may seek to establish your alibi for the time of the offense.

Work with a Tampa Gun Charge Lawyer to Understand Your Options

Though not every weapon offense case goes to trial, we believe in always being prepared and presenting your case in the best possible light. There are many benefits to working with a firearms criminal defense attorney in Tampa from the beginning of your case. One is that you can candidly review all your options. After a thorough investigation, Brett can offer a professional opinion on whether your case is likely to be dropped or dismissed.

We’ll also discuss the likelihood of an acquittal at trial or the benefits of a plea bargain. It may be that you have a strong defense. But if the evidence is stacked against you, our conversation may shift to mitigating the consequences of a conviction.

Schedule a Free Consultation With a Tampa Weapons Defense Attorney

When you are facing a firearms or other weapons charge, call a Tampa gun criminal defense attorney right away. It is best to begin protecting and defending yourself as soon as possible. We recommend contacting Metcalf Falls, Criminal Defense Attorneys, P.A. online or at (813) 258-4800. We are available 24/7 to defend you.