Gun Charges Defense Lawyer in Lakeland

Providing Clients With Aggressive Legal Representation to Protect Their Future

Any criminal charges can lead to serious repercussions in Florida. However, incidents involving firearms have severe penalties. Whether a person is legally prohibited from owning a gun or accused of using a firearm in the commission of a crime, prosecutors will typically work hard for a maximum penalty.

If you are facing allegations that could result in a substantial penalty, it is vital that you speak with a gun charges defense lawyer in Lakeland immediately. There are various criminal laws involving gun crimes in our state, and some are considered more serious than others, such as possession of a firearm by a convicted felon. However, a conviction for any firearm offense can typically lead to extreme fines and long prison sentences. Furthermore, under Florida law, most criminal offenses involving firearms result in felony charges. If you are convicted of a felony, it can completely derail your life and prevent you from achieving your life goals.

A felony conviction can lead to negative life-changing consequences, such as the inability to join the military, hold specific professional licenses, obtain federal student financial aid, or obtain gainful employment.

Do not let this happen to you. Our legal practice strives to secure favorable outcomes for each of our clients. If you are facing life-changing weapons charges, you must seek qualified legal assistance who will fight to protect your freedom and future. Contact DeMichael Law today to schedule a free consultation with our experienced gun charge defense lawyer in Lakeland, who will determine your legal options.

Why Do I Need to Hire a Criminal Defense Lawyer if I Have Been Arrested for Weapons Charges?

If you have been arrested for gun-related weapons charges, you may be considering whether to hire a criminal defense lawyer. However, you may think that hiring a private criminal defense attorney is too expensive. Sometimes, the court may appoint public defenders to those who cannot afford to hire their legal counsel. However, defendants must meet specific income requirements and not have assets that could be sold to pay for an attorney. Furthermore, although public defenders are capable, licensed attorneys typically have enormous caseloads that prevent them from dedicating the time necessary to create effective defense strategies.

Due to the severe penalties involved with firearm crimes, it is always best to hire a highly trained criminal defense attorney who will fight to help you avoid a conviction. Some of the most considerable advantages of hiring a criminal defense lawyer include:

Professionally evaluate the strengths and weaknesses of the prosecution’s case
Answer questions and guide you through the Florida criminal justice system
Ensure your civil rights are not violated by the police or prosecutor
File pre-trial motions to suppress evidence or have the charges dismissed or reduced
Conduct an independent investigation to gather evidence that supports your legal defense
Act as your legal advocate and negotiate with the prosecution to try a favorable plea deal
If necessary, take your case to trial to try and obtain a favorable outcome for your case

Being arrested for a firearm crime can feel overwhelming, especially when you consider the potential penalties. With the help of our skilled Lakeland criminal defense attorney, you can have the assurance that your rights and future are protected.

What Are Gun Crimes in Florida?

In the past few years, gun laws across the country have been constantly changing. Florida has recently been viewed as a safe haven for gun owners. Just recently, Florida joined 25 other states in allowing the permitless carry of firearms. However, these expansions of that state’s carry rights did nothing to change most of the potential gun charges a person could face in criminal cases.

Nevertheless, the sheer number of annual gun charges in Florida demonstrates that authorities still take firearm crimes seriously. As evidenced by the list below, constitutional carry laws do not affect many of the most serious allegations:

Possession of a firearm during the commission of a crime
Publicly discharging a firearm
Possession of a firearm by a convicted felon
Possession of a firearm on school property
Aggravated assault with a firearm
Transfer or sale of firearms to prohibited individuals
Possession of an unregistered firearm
Improper exhibition of a firearm or deadly weapon
Possession of a firearm when under domestic violence injunction

If you face these or other gun-related charges, you must speak with an experienced criminal defense attorney. Individuals charged with crimes that involve attempted felonies face harsh penalties, especially if aggravated factors are involved.

No matter what the prosecutor may tell you, there are often various legal defense strategies that a criminal attorney can utilize to help you avoid the most severe penalties. Remember that it is not that the prosecutor is not your friend, and any plea deal they may initially offer you will be in the state’s best interest and not your own.

When you come to us for legal help with gun charges, we will scrutinize the state’s evidence and look for ways to challenge their case.

Contact our highly trained gun charges defense lawyer in Lakeland to learn more about our legal services and how we can help.

Are There Potential Defenses for Gun Charges in Florida?

Your defense strategy depends on your ability to secure a beneficial plea deal or beat the charges. However, due to the complexities of the Florida criminal justice system, it is crucial that you have an experienced legal professional on your side. A criminal defense attorney can review your case and help you decide the best approach for your legal needs. However, it is essential to remember that strategies can vary based on the charges against you and the circumstances surrounding the case. A defense that could work in one situation may be irrelevant to another.

Some common gun charge defenses can be used in many situations, including:

Self-defense

A defendant’s actions were necessary for self-defense or the defense of others, a common defense tactic.

Constitutional issues

Unlawful search and seizure, violations of Miranda rights, and other constitutional violations could hurt the state’s case.

Lack of intent/knowledge

Prosecutors typically need to prove that a person had actual criminal intent to commit a crime. For instance, perhaps you did not know an illegal firearm was in a vehicle you borrowed.

Improper procedures

Failures in evidentiary standards or police procedures could affect your ability to have a fair trial.

Duress or necessity

Sometimes, it may be possible to argue that a person only engaged in an act due to an emergency or under duress.

With the help of a criminal defense attorney, you may be able to avoid a conviction and secure a favorable legal outcome for your case. However, more than knowledge of these defense strategies is required to help you overcome the charges against you. You must understand which approaches may apply to your case and the legal elements necessary to support your argument.

Our experienced Lakeland criminal defense attorney has assisted numerous clients by creating innovative strategies that help them achieve favorable outcomes. Contact DeMichael Law today to speak with a gun charges defense lawyer who will gladly review your case.

What are the Penalties For Gun Crimes in Florida?

Florida gun charges can result in severe consequences, which can have lasting impacts on your future. If you have been charged with a Florida gun crime, you could face significant consequences. You could face fines, imprisonment, or a permanent criminal record if convicted of a gun crime. These consequences can affect your employment opportunities, housing options, and even your right to possess firearms in the future.

For example, a conviction of unlawfully carrying a concealed weapon is a third-degree felony. Third-degree felony charges are punishable by five years in prison and up to $5,000 in fines. A convicted felon who is found guilty of possessing a firearm will most likely be sentenced to a three-year minimum prison term. Finally, offenders who use a gun or deadly weapon in the commission of sex crimes can be sentenced to life imprisonment or lifetime sex offender probation.

Below are some of the potential penalties for common gun-related offenses in Florida:

Felony conviction: Many gun crimes are classified as felonies, leading to long-term imprisonment and heavy fines
Mandatory minimum sentences: Florida law enforces strict minimum sentencing for certain gun crimes, meaning you could face years in prison without the possibility of parole
Loss of civil rights: A conviction can result in losing key civil rights, including the right to vote and the ability to own and possess firearms
Impact on immigration status: Gun charges can lead to deportation or affect non-citizens’ ability to gain lawful status in the U.S.

Additionally, Florida has other severe penalties for weapons charges as outlined in the 10/20/Life Law, which includes:

10 years in prison if the offender possesses a firearm or destructive device during the commission of a crime
20 years in prison for the discharge of a firearm during the commission of a crime
Life imprisonment imposed for killing or inflicting injury on another with a gun during the commission of a crime

If you are facing gun charges, working with a Lakeland criminal defense attorney is crucial to protecting your future. Contact our Polk County law firm today to schedule an initial consultation to learn how we can fight to protect your freedom.

What Shouldn’t I Agree to Speak With the Police if I Have Been Charged With a Florida Gun Crime?

Individuals who have been charged with firearm crimes may feel discouraged and fearful about what the future holds. However, due to the many potential defenses against firearms charges, all hope is not lost. There is always a chance that the criminal charges could be reduced or dropped entirely. An experienced attorney could negotiate a fair plea deal or argue your innocence if a case proceeds to trial.

However, a person can severely derail their chances of exoneration through specific acts after arrest. The biggest mistake people make is speaking to the police without having an attorney present during questioning.

Even if officers tell you that you are not under arrest and that they “just want to clear things up,” you should remain silent until speaking with an attorney. The police are not on your side in these situations. Law enforcement officers may even tell you, “We can all go home once this is cleared up,” but if you submit to interrogation without legal representation, there is a good chance that you will not be going home that day.

Instead, it is always in your best interest to ask for a defense attorney to be present during questioning. An attorney understands the intricacies of criminal law and can advise you when to answer questions or prevent you from making incriminating statements. Remember, when you read your Miranda Rights, you can remain silent, but anything you say can and will be used against you.

Of course, many people who have been arrested for weapons charges are past the point of interrogation. If you have already been arrested and charged, it remains the case that you should only speak with your Lakeland gun charges defense attorney. The prosecutor may offer you a plea deal. However, they may frame this as “the best offer you will get” and even threaten you with more serious charges. Do not fall for these tactics. Remain silent, agree to nothing, and contact a lawyer.

Why Should I Trust DeMichael Law to Defend Me Against Gun Crime Charges?

If you are facing firearms charges in Florida, your freedom could be at stake. Perhaps you were wrongly accused, or maybe you were merely engaged in legally protected actions. Perhaps inappropriate events unfolded, but prosecutors do not understand the mitigating circumstances. Or it could be that your constitutional rights were violated during an arrest. Regardless of the circumstances, a knowledgeable criminal defense lawyer may be able to help.

Florida law dictates that when certain felony crime charges include using a firearm, defendants may be subject to the 10/20/Life Law. This law can have severe legal implications, including mandatory sentences for a defendant with a prior criminal history.

Our primary focus is to work with the state attorney to have your charges dropped or reduced. We have seen what can happen when good people face firearm crime allegations. If this happens to you, do not throw yourself at the mercy of the prosecutor. All too often, prosecutors are overzealous in the interest of public safety and try to impose strict penalties on those charged with firearm crimes.

Sadly, many other criminal defense lawyers make promises to clients they cannot keep. However, at DeMichael Law, our clients know they will receive dedicated and experienced legal representation. Our experienced attorney has extensive knowledge of Florida’s firearm laws and knows what it takes to get results.

For your convenience, we offer clients free consultations and flat fees so they can have the legal representation they need at an affordable price. We are proud to represent clients in the Central Florida area and help them resolve their legal issues so they can continue their lives. Contact DeMichael Law today at our Lakeland, FL, law office by calling 863-216-1831 to schedule a free, no-obligation consultation.