Why You Should Choose Brett Metcalf, Criminal Defense Attorney, P.A.
The last thing you want is a weapons offense on your record, and working with Tampa defense attorney Brett Metcalf is the best way to fight charges or avoid conviction. As a responsible gun owner, it should concern you that this conviction could make it illegal for you to own, possess, or use a firearm again. Potential employers, landlords, and financial institutions may also interpret it as a violent offense. You might find it hard to maintain employment, rent a house, go back to school, or obtain loans.
Brett Metcalf is an experienced firearms lawyer who began his career as a prosecutor in the State Attorney’s Office. By beginning his career on the other side of the courtroom, he learned about the inner workings of the prosecution. Now, he uses his knowledge of how prosecutors think to benefit his clients.
Since 2012, Brett has fought hard to protect Tampa residents from firearms offenses. When Brett takes on your case at the beginning, he may work to have the charges dropped or reduced. If a prosecutor pursues charges, Brett will prepare to vigorously defend you in court. Depending on the facts, he might pursue a pretrial dismissal, an acquittal at trial, or mitigate your consequences.
Brett’s hard work has led to many outstanding results, and respected legal organizations have recognized his accomplishments. He has been named a SuperLawyers Rising Star in 2018, 2019, and 2020, and has more than 90 five-star reviews and a perfect 10 rating on Avvo.com.
Florida Weapons Charges We Handle
At Brett Metcalf, Criminal Defense Attorney, P.A., we are here to defend you against any and all allegations of violating a Florida weapons and firearms law. Below are some of the many charges we handle.
Carrying a Concealed Firearm
Under Florida Statute 790.01(2), it is unlawful to carry a concealed firearm without a license under Statute 790.06 (a concealed carry permit). This is a third-degree felony.
Carrying a Concealed Weapon
Under Florida Statute 790.01(1), without a license, it is unlawful to carry a concealed weapon or electric weapon on your person. This can include a knife, tear gas, metal knuckles, billy club, or other objects. This is a first-degree misdemeanor.
Open Carrying of Weapons
It is unlawful for you to openly carry any firearm or electric weapon or device under Florida Statute 790.053. This crime does not include briefly displaying a firearm you have a concealed carry permit for, as long as you do not display the gun in a threatening or angry manner. This is a second-degree misdemeanor.
Improper Exhibition of a Dangerous Weapon or Firearm
Under Florida Statute 790.10, it is unlawful to exhibit a dirk, sword, sword cane, firearm, electric weapon or device, or another weapon in the presence of one or more people in an angry, careless, rude, or threatening way. This is a first-degree misdemeanor.
Discharging Firearm in Public or on Residential Property
If you knowingly discharge a firearm in a public place or negligently or recklessly discharge a firearm outdoors on residential property, then you will be charged with a first-degree misdemeanor under Florida Statute 790.15(1).
Discharging Firearm from a Vehicle
Under Florida Statute 790.15(2), you knowingly and willfully discharge a firearm from a vehicle within 1,000 feet of another person, you will face a second-degree felony.
Possession of a Firearm by a Convicted Felon
If you have been previously convicted of a felony, then you cannot knowingly possess, own, or control a firearm under Florida Statute 790.23. This includes ammunition, an electric weapon or device, tear gas, or another chemical weapon. This is a second-degree felony, and if you had actual possession of a firearm, compared to constructive possession, you face a mandatory three years in prison.
Possession or Discharge of a Destructive Device
If you willfully and unlawfully make, possess, throw, project, place, or discharge a destructive device or attempt to do so, then under Florida Statute 790.161, you will be charged with a third-degree felony.
In addition, if you intended to cause bodily harm or property damage, or the act disrupted government operations, commerce, or another person’s private affairs, then it is a second-degree felony. When this results in bodily harm or property damage, it is a first-degree felony. But if it caused a death, it becomes a capital felony.
Consequences of a Weapons Crime
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.
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.