Any type of criminal charge could upend your life. This is especially true for gun owners, who face the prospect of losing their right to own firearms based on certain criminal convictions. There are also steep criminal consequences for gun-related offenses under Florida law; and laws are constantly changing, which means that you could be committing a crime for something that was not previously considered illegal.
If you have been charged with a gun offense, there is no time to delay in seeking the guidance of a skilled Orlando gun lawyer. With a dedicated criminal defense attorney by your side, you could face these charges head-on and potentially resolve them in the most favorable way possible.
There are both state and federal laws that determine who has the right to own a firearm. While the Second Amendment to the United States Constitution protects a citizen’s gun rights, there are notable limitations on those rights that are always taken into account. An Orlando gun attorney could provide valuable insight when a criminal charge puts those rights in jeopardy.
State law specifically limits the rights of some individuals to own a firearm. According to Florida Statute § 790.06, the right to own a firearm is not extended to minors below the age of 21 or undocumented immigrants. There are also prohibitions in place that apply to anyone who has been committed to a treatment facility or who has been convicted of specific drug-related crimes in the past three years. The same is true for individuals with a history of chronic drug or alcohol abuse.
The firearm restriction also applies to individuals who have been committed to a mental institution in the past three years. Additionally, courts issuing domestic violence orders have the power to ban a person from owning a firearm while the order is in place.
There are consequences that could affect anyone who possesses a firearm unlawfully in Orlando. If convicted, that individual could face stiff fines, as well as time behind bars. If the gun crime is classified as a felony, it could result in the loss of the right to own firearms in the future. For lower-level gun crimes, community service and probation are also on the table.
There are a number of other criminal charges related to firearms outside of merely possessing them unlawfully. These can include criminal charges related to the sale of firearms or they could be the result of using firearms in a prohibited manner. An Orlando firearm offense lawyer could help fight any of these charges in court, and seek either a reduced sentence or a complete dismissal.
Many gun-related offenses involve the use of a firearm as part of another underlying crime. In these cases, the presence of a gun often dramatically increases the potential penalties that the prosecution seeks. For example, armed robbery carries steeper penalties than a standard robbery conviction. The same is true when it comes to simple assault charges as compared to assault with a deadly weapon.
Finally, there are specific criminal charges for discharging a firearm in an unauthorized place or manner. It is unlawful to fire a gun in buildings or dwellings, and there are also penalties for wantonly discharging a gun in a building even when other people are not present.
If you have been arrested for a gun crime in Orlando, your rights are at stake. A conviction could have serious implications for your ability to carry or possess a firearm in the future. Thankfully, you could effectively counter these charges with the help of skilled legal counsel who was previously a prosecutor and understands how they think. Call an Orlando gun lawyer right away to learn more about what is necessary to mount a successful defense.
The Umansky Law Firm Criminal Defense & Injury Attorneys