For most people, facing criminal charges related to firearms can be a scary, overwhelming situation. If convicted, the penalties associated with these charges can include lengthy incarceration and steep monetary fines. Thankfully, a seasoned defense attorney could help someone accused of gun crimes prove their innocence in a court of law.
If you have been charged with a weapons-related offense, you need to retain legal counsel as quickly as possible. A Lake County gun lawyer could provide you with a strong defense that ensures you have the best chance at a favorable outcome.
There are a number of laws and regulations related to owning, using, possessing, or selling a firearm. A conviction under one of these laws can have a lasting impact on a person’s life, which is why the assistance of a lawyer is so critical. Some of the actions that Florida law forbids includes:
Anyone in Lake County who has committed one or more of these acts should call a gun defense lawyer to discuss their options.
The possession or use of firearms can factor into a wide range of criminal cases. This goes beyond alleged violations of the laws that regulate gun ownership, possession, or use. In many cases, the presence of a firearm during the commission of a crime can serve as an enhancement.
In general, firearm enhancements increase the potential penalty in crimes of theft or violence. For example, the maximum prison term for sexual battery increases in cases where a firearm was used or present. Some other offenses that could have firearm enhancements include:
It might not be immediately clear if the presence of a firearm enhances the potential penalties in a criminal case. A Lake County gun attorney could review the facts and provide insight on when enhancement is a possibility.
There is more than one potentially viable defense strategy for firearms charges. The important thing to remember is that some defenses will work better than others, depending on the facts of the case. Some of the defense strategies a Lake County gun attorney might use could include the following:
Some gun charges are built on unlawful searches or seizures by the police. When law enforcement acts unlawfully, any evidence they recover during a search can be excluded from the trial. Often, this includes the firearms that are the basis for the gun charge.
It is up to the state to prove beyond a reasonable doubt that a gun crime was committed. This is a high burden of proof that the prosecution cannot always meet. An attorney could build their case around highlighting the lack of evidence of guilt.
There are times when the police are overzealous in their enforcement of firearms laws. It is not uncommon for the police to pursue charges in situations where the possession or use of a weapon is authorized by law. A defense attorney could make the case that the defendant did not break any law related to firearms.
A conviction for a gun-related offense in Florida could upend your life and even result in time behind bars. The good news is that it is possible to avoid a conviction with the right legal team behind you.
Let a Lake County gun lawyer review your case and advise you of your options. We are available via phone or an online contact form.
The Umansky Law Firm Criminal Defense & Injury Attorneys