Florida law is tough on people carrying or using a firearm in the commission of a crime. If you are convicted of a felony, even if you did not brandish the gun you carried, your penalty will be greater. A domestic violence conviction or being the subject of an active restraining order could preclude you from owning a gun. Although the laws are designed to be fair, they are not always applied fairly in every court proceeding, and errors can occur that also lead to a conviction.
If your trial was tainted, our knowledgeable appeals attorneys could offer you the high-quality representation you need to appeal your conviction. We routinely represent clients who have their convictions overturned, and we could review your case to determine if you meet the criteria. If you believe there was an error made at your criminal trial, talk to our team about appealing a firearm conviction in Orlando.
If you have a previous felony conviction on your record, being found with a firearm can lead to a new second-degree felony charge according to Florida Statutes § 790.23. If convicted, you can spend up to 15 years in prison, have 15 years of probation, and face fines of up to $10,000.
Aggravated assault is a third-degree felony and occurs when you use a deadly weapon, such as a firearm, to put someone in immediate danger of being harmed. If convicted, you can spend up to five years in state prison. Florida’s 10-20-Life law, under Fla. Stat. § 775.087, can also affect your sentencing. The judge can increase your sentence to a mandatory 10 years in prison if a firearm was brandished during an assault, 20 years if it was discharged, and 25 years to life if the discharge caused a fatality.
Mistakes can be made at trial. For example, an overzealous prosecutor may have failed to introduce testimony that an aggravated assault victim knew you were clowning around. The Orlando Police Department or the Orange County Sheriff’s Office could have violated your constitutional rights by confiscating the gun from you and charging you with felony gun possession. To achieve the best possible outcome, our Orlando team could scrutinize your case file to identify valid reasons for appealing a gun conviction.
Along with violations of your rights during a search and seizure, and prosecutorial misbehavior, other grounds for appeal include:
A firearm sentence is impactful, and our Orlando attorneys can provide an honest assessment about whether appealing your gun conviction is the right choice for you.
Your attorney must file a Notice of Appeal within 30 days of your Orlando firearm conviction. This alerts the court and prosecutor that you disagree with the trial outcome and have supporting evidence. Then, your attorney will submit a Record on Appeal, detailing your trial, including transcripts and evidence presented. The Appellate judges review this material to understand what you are contesting. Next, your attorney will submit an Appellate Brief to outline the trial errors and omissions identified and why your conviction should be overturned. The Appellate judges may schedule an Oral Argument for your attorney to speak on your behalf and answer any questions.
The judges will then determine whether your argument convincingly shows you did not receive a fair trial. They can uphold your conviction, dismiss your case, or grant you a new trial or resentencing. Should the Appellate Court uphold your conviction, there are other avenues to protest the results, such as asking for post-conviction relief, which must usually occur within two years.
If you need help appealing a firearm conviction in Orlando, contact the experienced team at The Umansky Law Firm. Our criminal defense attorneys review these cases and presenting a defense to mitigate convictions and penalties. You have only 30 days to file an appeal, so call our team today to discuss your case. We are your best chance to correct the record and help get your life back.
The Umansky Law Firm Criminal Defense & Injury Attorneys
