Weapon enhancements in Florida significantly increase the penalties for crimes involving firearms or other weapons. These enhancements can elevate the severity of a charge, impose mandatory minimum sentences, or result in life-altering consequences for defendants. Whether a firearm was discharged, brandished, or simply present during the commission of a felony, these enhancements can lead to lengthy prison sentences, even for first-time offenders.
If you’ve been charged with a crime involving a weapon enhancement, it’s critical to act quickly. Contact Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 for a free consultation.
Florida’s Weapon Enhancement Laws
Under Florida Statute §775.087, firearm enhancements are applied when a weapon is used during the commission of certain felonies. These enhancements fall under Florida’s “10-20-Life” law and mandate harsher penalties, such as mandatory minimum sentences, based on the use of a firearm or other weapon.
Mandatory Minimum Sentences
- 10 years: Possessing a firearm during the commission of a qualifying felony.
- 20 years: Discharging a firearm during the commission of a qualifying felony.
- 25 years to life: Discharging a firearm during a felony that causes death or serious bodily injury.
These sentences are in addition to the penalties for the underlying crime and must be served consecutively, with no possibility of early release.
Reclassification of Felonies
Using or possessing a weapon during the commission of a crime can reclassify charges to a higher degree:
- A third-degree felony is enhanced to a second-degree felony.
- A second-degree felony is enhanced to a first-degree felony.
- A first-degree felony may be enhanced to a life felony.
Are There Qualifying Offenses for Weapon Enhancements?
Weapon enhancements are applied to various violent and non-violent crimes, including:
- Murder or attempted murder
- Sexual battery
- Robbery or carjacking
- Burglary or home invasion
- Aggravated assault or battery
- Drug trafficking
- Kidnapping
Even if the firearm is not discharged, its mere presence during the commission of these crimes can lead to enhanced penalties.
Defending Against Weapon Enhancements
Facing weapon enhancements doesn’t guarantee a conviction. With an experienced Tampa criminal defense attorney, you can challenge the prosecution’s case using strategies tailored to your situation. Common defenses include:
Lack of Knowledge
If you were unaware of the weapon’s presence, your attorney can argue that you did not knowingly use or possess it during the crime.
Lack of Intent
In some cases, the prosecution must prove you intended to use the weapon. Demonstrating that the weapon played no role in the crime may mitigate the charges.
Illegal Search and Seizure
If law enforcement violated your Fourth Amendment rights during the investigation or arrest, the weapon evidence may be deemed inadmissible.
Weapon Ownership Issues
Your lawyer may demonstrate that the weapon belonged to someone else and was not under your control.
Errors in Weapon Use Evidence
Challenging the accuracy of forensic evidence or the credibility of witnesses may weaken the prosecution’s claims.
FAQs About Florida Weapon Enhancements
What is Florida’s 10-20-Life law?
Florida’s 10-20-Life law mandates harsh penalties for crimes involving firearms. The law imposes mandatory minimum sentences of 10, 20, or 25 years to life for possessing, discharging, or causing harm with a firearm during certain felonies.
Can a weapon enhancement be applied to non-violent crimes?
Yes. Enhancements can apply to drug trafficking, burglary, or other crimes where a weapon is present, even if the crime itself is non-violent.
Can I avoid mandatory minimum sentencing for weapon enhancements?
Possibly. With a strong defense, your attorney may negotiate reduced charges or prove that the enhancement does not apply to your case.
How do weapon enhancements affect plea bargains?
Weapon enhancements often complicate plea deals. However, an experienced attorney can negotiate with prosecutors to minimize the impact of these enhancements.
What should I do if I’m facing a weapon enhancement charge?
Contact an experienced criminal defense attorney immediately. They can review your case, challenge the evidence, and build a defense strategy to protect your rights and future.
Why Work With Our Tampa Gun Charge Attorneys?
Weapon enhancement charges mean you face minimum sentences, threatening your freedom. Working with Tampa criminal defense attorney Brett Metcalf gives you the best chance of challenging these charges and protecting your rights. Additionally, potential employers, landlords, and financial institutions might view such an offense as violent, making it difficult to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned firearms lawyer, Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he now uses to his clients’ advantage in defending against firearms charges.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of gun-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett builds a robust defense, aiming for a pretrial dismissal, an acquittal, or minimized penalties based on the specifics of the situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Gun Charge Lawyer Now
Weapon enhancement charges in Florida carry severe consequences, but with the right defense, you can fight to avoid these life-altering penalties. At Metcalf Falls, Criminal Defense Attorneys, P.A., we have the experience and resources to protect your rights and seek the best possible outcome for your case.
Call (813) 258-4800 or fill out our online form to schedule your free consultation today.