Miami Weapon Charges Defense Attorney
Florida firearm cases across Miami-Dade and South Florida routinely sit on three tracks at once: a state charge under Chapter 790, a 10-20-Life enhancement under § 775.087, and potential federal exposure under § 922(g) or § 924(c). The defense work has to address all three.
Frequently Asked Questions
Is concealed carry now legal in Florida without a permit?+
What is 10-20-Life?+
Can I be charged in both state and federal court for the same gun?+
What is constructive possession?+
Can a felon ever legally possess a firearm in Florida?+
What is a Stand Your Ground immunity hearing?+
Should I talk to ATF or police if they ask about a firearm?+
What is the Armed Career Criminal Act?+
Can a weapon charge be sealed or expunged in Florida?+
Do you handle weapon cases outside Miami?+
Layers of Firearm Exposure
A Florida weapon allegation can produce three different layers of exposure at once. They stack rather than replace each other. Each layer requires its own defense strategy.
State Criminal Charge
The underlying Florida felony or misdemeanor under Chapter 790. Felon in possession, possession during a felony, improper exhibition, and related offenses.
10-20-Life Enhancement
Florida Statute § 775.087 imposes mandatory minimums when a firearm is possessed, discharged, or used to cause injury or death during a qualifying felony.
Federal Firearm Charges
18 U.S.C. § 922(g) (felon in possession), § 924(c) (firearm during a federal crime of violence or drug trafficking), and ATF investigations can layer onto state cases.
10-20-Life Mandatory Minimums
Florida's 10-20-Life framework imposes mandatory minimum prison sentences when a firearm is used in a qualifying felony. The mandatory minimum scales with the level of firearm involvement. None of these floors can be plea-bargained below the statutory minimum.
Possession
Possession of a firearm during commission of a qualifying felony, even if it is never drawn or fired.
Discharge
Discharge of a firearm during commission of a qualifying felony, even if no one is hit.
Injury or Death
Discharge causing great bodily harm or death triggers 25 years to life as a mandatory minimum.
Penalties Under Chapter 790 & § 775.087
Florida weapon penalties are graded by the act, the prohibited-person status of the accused, and any firearm enhancement under § 775.087.
Summary of Florida Statutes Chapter 790, § 775.087, and 18 U.S.C. § 922(g). Penalties vary by specific charge, prior record, qualifying predicate offense, and statutory enhancements. Mandatory minimums under 10-20-Life and the Armed Career Criminal Act cannot be reduced below the statutory floor.
How a Weapon Case Gets Defended
Most firearm cases turn on two questions: how the gun was found, and whose gun it really is. If either answer breaks for the defense, the case can change shape entirely.
Search and Seizure
Most firearm cases turn on how the gun was found. Reasonable suspicion for a stop, probable cause for an arrest, and the scope of any frisk all matter. A traffic stop extended beyond its lawful purpose can taint everything found afterward, including a firearm under the seat. Plain view requires the officer to be lawfully present and the incriminating nature to be immediately apparent. Home searches under warrants are challengeable through Franks hearings when the affidavit contains false statements or reckless omissions.
An unlawful search can suppress the firearm and end the case.
Constructive Possession
Many Florida weapon cases involve a firearm found in a shared space: a vehicle with multiple occupants, a home with several people, a glove box, a trunk. The state must prove three elements beyond a reasonable doubt: knowledge that the firearm was there, ability to exercise dominion and control over it, and (for prohibited possessor cases) knowledge of the unlawful nature. Mere proximity is not possession. Each element is challengeable on the facts.
Self-Defense and Stand Your Ground
Florida Statute § 776.032 provides for a pretrial immunity hearing. If the defense raises immunity, the prosecution carries the burden to prove by clear and convincing evidence that immunity does not apply. A successful ruling results in dismissal before trial. The Castle Doctrine extends the protection to home, vehicle, and other lawfully occupied places. The duty to retreat is removed where the person has a legal right to be.
The First 48 Hours
What happens in the first 48 hours after a weapons arrest matters substantially. Statements made before counsel is involved often become the strongest evidence at trial. Receipts, federal Form 4473, and registration documents should be preserved (not produced to investigators). Social media activity should stop. First appearance is where bond, no-contact orders, surrender conditions, and pretrial restrictions get set, and counsel involved at that stage can shape every one of them. See our full Bail and Bond Guide and Criminal Case Timeline.
Related Criminal Matters
Weapon allegations frequently overlap with other charges. Each related area carries its own defense framework and exposure.
Drug Charges
A firearm in proximity to drugs is one of the fastest paths into 10-20-Life and federal § 924(c) territory. The drug case and the gun case get defended together.
Learn More →Violent Crimes
A weapon allegation in a violent crime case escalates exposure substantially. Aggravated assault and battery with a firearm trigger 10-20-Life as a baseline.
Learn More →Direct attorney access at (305) 774-7000
Weapon cases stack mandatory minimums quickly. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
What Clients Say
Verified Google reviews from clients represented by the firm.
