Dade City & Zephyrhills Firearms Offense Attorney
Contact a Dade City & Zephyrhills firearms offense attorney if you have been arrested for a firearm or gun offense. Prosecutors are increasingly seeking stiffer penalties for firearm offenses due to the demand for tougher penalties and pressure from anti-gun and gun control groups. A conviction for a firearms offense is a very serious offense in Florida with severe consequences. Retain the best firearms lawyer that you can afford. In many cases, we are successful in getting the charges reduced or dismissed.
Actual Possession and Constructive Possession—Don’t Incriminate Yourself with Statements
In Florida, there are two ways you can possess a firearm or gun. They are actual possession and constructive possession. Actual possession occurs when the firearm is in your hand or on your person. Constructive possession occurs when a firearm is located, not on your person, but in mere proximity to the person. The State of Florida must prove that the Defendant had dominion and control over the firearm and prove the Defendant knew the firearm was present to prove constructive possession. This is also referred to as “Knowledge and Control.” An example of constructive possession of a firearm is when the firearm is located in a vehicle or a residence and not on a person. In many cases, the State of Florida will use statements or actions made by the Defendant to prove knowledge and control of the firearm. If an officer finds a firearm during a search and no one is in actual possession, the officer will likely attempt to conduct interviews to prove constructive possession. You have the right not to incriminate yourself if an officer questions you about a firearm or any contraband. This right is also known as the right to remain silent. You also have the right to have an attorney present before any questioning. If you find yourself in this situation you should consider retaining a seasoned firearms criminal defense attorney to represent you before any questioning takes place.
10-20-Life Florida’s Firearm & Gun Laws are the Strictest in the Country
Florida’s 10/20/Life law makes Florida one of the toughest states in the United States on subjects convicted of certain firearms offenses. Florida’s 10-20-Life statute mandates minimum-mandatory prison sentences for possessing, discharging, or as a result of discharging causing death or great bodily harm.
Offenses that Qualify for 10/20/Life Sentencing under Florida Statute 775.087
The 10/20/Life statute states that a Defendant shall be sentenced to a minimum-mandatory prison sentence if convicted of committing or attempting to commit one of the offenses listed below and when committing the offense either possessed, discharged, or caused death or great bodily harm while discharging a firearm or destructive device. When serving a minimum-mandatory sentence the Defendant is not eligible for earning gain-time and must serve the sentence “day for day.” Also note that the judge has no discretion to depart downward and must impose the minimum-mandatory sentence. Retain the best attorney you can afford to defend your case. Remember, if you are not convicted of committing or attempting one of these offenses the 10/20/Life statute does not apply.
- Sexual Battery
- Aggravated Assault
- Aggravated Battery
- Aircraft Piracy
- Aggravated Child Abuse
- Aggravated abuse of an elderly person or disabled adult
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Home-Invasion Robbery
- Aggravated Stalking
- Trafficking certain controlled substances including but not limited to cannabis and cocaine
- Possession of a Firearm by a Felon
Possession of a Firearm Mandates a 10 Year Minimum-Mandatory Prison Sentence
A person convicted of Aggravated Assault, Possession of a Firearm by a Felon and Burglary of a Conveyance while possessing a firearm must be sentenced to a minimum-mandatory prison sentence of 3 years. A person convicted of one of the other above listed felonies while possessing a firearm must be sentenced to a minimum-mandatory prison sentence of 10 years. Again, the judge has no discretion to sentence a subject to less prison time and the Defendant is not eligible for gain-time.
Discharging a Firearm Mandates a 20 Year Minimum-Mandatory Prison Sentence
A person convicted of one of the offenses listed above (a.-q.) while discharging a firearm or destructive device must be sentenced to a minimum-mandatory prison sentence of 20 years. This provision in the statute applies to “warning shots.”
25 Years to Life Sentence for Causing Great Bodily Harm or Death after Discharging a Firearm
A person convicted of one of the offenses listed above (a.-q.) while discharging a firearm or destructive device and as a result of the discharge caused death or great bodily harm must receive a sentence consisting of a minimum-mandatory sentence of 25 years to LIFE in prison.
Your Right to Bear Arms in Florida and the United States—Protect Your Rights!
The Second Amendment to the United State Constitution addresses citizens’ rights to possess a firearm. It states that “A well-regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.”
The Florida Constitution, Article I, Section 8, also addresses the rights of the People to bear arms. It states, “The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.”
If convicted of a felony you can longer lawfully possess a firearm. Don’t lose your right to bear arms. Retain an experienced criminal defense attorney to defend your right to bear arms.
Retain a Firearm Criminal Defense Attorney Today
Call (352) 567-0411 today to speak with a Dade City & Zephyrhills firearms offenses attorney. Our firm is in Dade City, located in Pasco County, Florida. We are located directly across the street from the Pasco County Courthouse. The Madonna Law Group also represents clients involving criminal matters in but not limited to Hernando County, Sumter County, Citrus County, Hillsborough County, Polk County, and Pinellas County, including Tampa, Brooksville, New Port Richey, Clearwater, St. Petersburg, Lakeland, Bushnell, Bartow, and Plant City. We will defend you anywhere in the State of Florida.