Why You Should Choose Our Tampa Gun Charge Lawyers
The last thing you want is a weapons offense on your record, and working with Tampa criminal 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 and Tampa gun charge 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 gun 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.
If You Are Arrested for a Weapons Charge — What to Do Right Now
- Invoke your right to remain silent. Say: “I want to speak with my attorney before answering any questions.” Do not answer questions about the weapon, where it came from, why you had it, or anything else. Silence cannot be used against you; statements can.
- Do not consent to any search of your home, vehicle, or person beyond what is covered by a written warrant. Say: “I do not consent to any search.” If police search anyway, note the officer’s name and badge number—we may suppress the evidence.
- Do not discuss the case with cellmates or over jail phones. Jail communications are recorded and can be used as evidence. Talk only to your attorney; those conversations are privileged.
- Preserve any evidence that supports your defense. If you have a valid concealed weapons permit, registration documents, or receipts showing lawful acquisition, keep them safe and provide them to your attorney.
- Note the arresting officer’s name, badge number, and circumstances of the search or seizure. Where was the weapon found? Was there a warrant? Did the officer claim probable cause? These details are critical for a Motion to Suppress.
- Contact Metcalf Falls at (813) 258-4800 — available 24/7 for bail assistance and first appearance representation. We can often negotiate bond or secure your release on your own recognizance.
What Happens After a Weapons Arrest in Hillsborough County
Arraignment and Bond
Felony weapons charges carry higher bond calculations because judges view them as involving significant public safety risk. The judge will consider the severity of the charge, your criminal history, ties to the community, and whether Florida’s minimum mandatory sentencing laws (like 10-20-Life) apply. We argue for bond reduction, emphasizing mitigating factors and requesting ROR (release on your own recognizance) when possible. See our first appearance guide and bail bond blog for detailed strategies.
Discovery and Pretrial Motions
We obtain police reports, body camera footage, search warrant affidavits, and forensic evidence. We file Motions to Suppress any evidence obtained through unlawful searches or stops. This is the most critical phase for weapons cases—if the firearm is suppressed under the Fourth Amendment, the case often collapses or is significantly weakened. See our Fourth Amendment defense blog for detailed analysis.
Plea Negotiations vs. Trial
We evaluate the strength of the evidence and the prosecution’s case. If suppression motions are weak, we negotiate aggressively to avoid the 10-20-Life mandatory minimums. We explore charge reductions, diversion programs, and plea agreements that minimize prison exposure. Understanding Florida’s criminal punishment code and sentencing guidelines is essential to counseling you on the best path forward.
When Federal Charges May Apply
Certain weapons offenses—felon in possession, firearms trafficking, possession with intent to distribute, and possession during drug trafficking—can be prosecuted under federal law (18 U.S.C. §922) in addition to or instead of state charges. Federal weapons cases carry harsher penalties, longer mandatory minimums, and require specialized federal defense expertise. If you face federal charges, contact us immediately for federal criminal defense representation.
Common Gun and Firearms Charges in Tampa, FL
At Metcalf Falls, Criminal Defense Attorneys, 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 Charges
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.
Learn how Metcalf Falls can help fight concealed carry charges.
Aggravated Assault with a Firearm
Under Florida Statute 784.021, any intentional or unlawful threat with a deadly weapon that creates fear of imminent threat of violence is a third-degree felony. Learn how to defend against aggravated assault with a firearm charges with help from Metcalf Falls.
Carrying a Concealed Weapon Charges
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 Charges
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 Charges
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). Metcalf Falls can help you fight your discharging a firearm in public charge.
Discharging Firearm from a Vehicle Charges
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 Charges
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.
Learn how Metcalf Falls can help you fight felony possession charges.
Using a Firearm While Under the Influence
Under Florida Statute 790.151, it’s illegal for you to use a gun while under the influence of alcohol, controlled substances, or other intoxicants. This is a second-degree misdemeanor, punishable with jail time and probation. Metcalf Falls can help you fight charges for shooting a firearm while drunk or intoxicated.
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 thisresults in bodily harm or property damage, it is a first-degree felony. But if it caused a death, it becomes a capital felony.
Firing a Weapon into an Occupied Structure
Under Florida Statute 790.19, it is unlawful to shoot a gun or some other dangerous item into another vehicle or occupied building.
Learn more about firing a gun into an occupied structure and how to fight these charges.
Providing False Information on Gun Purchase Applications
It is a third-degree felony to file a gun application with known false information. These charges carry significant fines, and could be charged federally in some circumstances. Metcalf Falls can help you fight falsifying information charges.
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. See our Fourth Amendment blog and drug dog defense page for examples.
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. See our self-defense blog and Stand Your Ground and felon cases page for more.
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. See our weapon enhancement page for detailed analysis.
Penalties and Jail Time For Gun Charges in Tampa, FL
The criminal penalties and the collateral consequences of a 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. See our weapon enhancement page for critical defense strategies.
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.
