Concealed Weapon Charges explained

 

Florida Weapon and Firearms Laws


Under Florida criminal statues, a concealed weapon can be almost any  “deadly weapon” carried on a person in such a manner as to conceal the weapon from the sight of another person.


A “knife” may or not be a deadly weapon. Whether a knife is a deadly weapon is determined by, “whether it will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction,” or if the knife was “used in a threatening manner.” Robinson v. State, 547 So.2d 321 (1998).


A concealed firearm is essentially defined under Florida law as, any gun carried on a person in such a manner as to conceal the gun from the sight of another person.


A firearm is any weapon which will, or may be readily converted to, expel an explosive projectile. It essentially includes any gun, rifle, shotgun. The definition does not include any antique firearm, unless that firearm is used in the commission of a crime. The definition includes a starter gun.


Reference: FL Statutes. §790.01


How to Beat a Concealed Weapons Charge in Florida


People often ask if it is possible to beat charged of carrying a concealed weapon or firearms charges in Florida criminal courts, and the answer is definitely yes. Certainly some cases are more challenging that others, but no case is unwinnable.


I will evaluate the facts of your case, and work out reasonable defense options, or argue for a settlement and reduction of charges.


Some defenses may include: lapsed firearms license, arguing weather the alleged item is legal defined as a "weapon," and a wide variety of other options.


Weapons charges are tricky, so legal strategies we will use to fight it can vary considerably based on the facts of your exact situation. I will explore and explain specific defense options and likely outcomes in a free legal consultation.


Florida Carrying a Concealed Weapon / Firearm -  Penalties


Carrying a Concealed Weapon: An individual who carries a Concealed Weapon on or about his/her person is charged with a 1st Degree Misdemeanor.  A first degree misdemeanor carries a maximum penalty of 1 year in jail and a $1000 fine.


Carrying a Concealed Firearm: An individual who carries a Concealed Firearm, while unlicensed, on or about his/her person is charged with a 3rd Degree Felony. A third degree felony carries a maximum penalty of 5 years in jail and a $5000 fine.

 

If you are in need of an attorney with concealed weapon charges, contact www.marybethcorn.com for a free consulation today.

 

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

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