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Weapon Charges Defense

Miami Weapon ChargesDefense Attorney

Florida weapon cases stack three layers of exposure: the underlying state charge, the 10-20-Life firearm enhancement, and potential federal charges under § 922(g) and § 924(c). The defense work has to address all three.

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10-20-Life imposes mandatory prison. Florida Statute § 775.087 sets 10-year, 20-year, and 25-year-to-life mandatory minimums when a firearm is used during qualifying felonies. The judge cannot reduce below the floor.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
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Practice Model
Direct attorney involvement
Florida Weapon Case Structure

Three Layers of Firearm Exposure

A Florida weapon allegation can produce three different layers of exposure at once. They stack rather than replace each other. Defense work has to address all three from day one.

01

State Criminal Charge

The underlying Florida felony or misdemeanor under Chapter 790. Felon in possession, possession during a felony, improper exhibition, and related offenses.

02

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.

03

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.

Florida Statute § 775.087

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.

10
Year Mandatory Minimum

Possession

Possession of a firearm during commission of a qualifying felony, even if it is never drawn or fired.

20
Year Mandatory Minimum

Discharge

Discharge of a firearm during commission of a qualifying felony, even if no one is hit.

25+
Years to Life Mandatory

Injury or Death

Discharge causing great bodily harm or death triggers 25 years to life as a mandatory minimum.

Florida Weapon Penalty Framework

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.

Charge
Classification
Prison Exposure
Statute
Improper ExhibitionThreatening display of a weapon
1st-degree misdemeanor
Up to 1 year
§ 790.10
Carrying ConcealedBy a prohibited person
3rd-degree felony
Up to 5 years
§ 790.01
Felon in PossessionFlorida prohibited person
2nd-degree felony
Up to 15 years 3-yr Min
§ 790.23
Possession During FelonyFirearm during qualifying offense
2nd-degree felony
10 years 10-20-Life
§ 775.087(2)(a)1
Discharge of FirearmDuring qualifying felony
1st-degree felony
20 years 10-20-Life
§ 775.087(2)(a)2
Discharge Causing InjuryDuring qualifying felony
1st-degree felony
25 years to life 10-20-Life
§ 775.087(2)(a)3
Possession in School ZoneFirearm on school property
3rd-degree felony
Up to 5 years
§ 790.115
Federal Felon in Possession18 U.S.C. § 922(g)(1)
Federal felony
Up to 15 years ACCA: 15-yr Min
18 U.S.C. § 922(g)

Summary of Florida Statutes Chapter 790, § 775.087, and 18 U.S.C. § 922(g). Not legal advice. 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.

Defense Approach

How a Weapon Case Gets Defended

Most weapon cases are not won at trial. They are resolved earlier, through suppression motions, possession challenges, charge reductions, or dismissal. The defense work that gets to those outcomes happens in four areas.

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.

What to do in the first 48 hours. Do not talk to investigators. Do not touch or move the firearm. Preserve receipts, federal Form 4473, and any registration documents. Stay off social media. Document the scene if safe and lawful. Engage counsel before first appearance, where bond, no-contact orders, surrender conditions, and pretrial restrictions all get set. The earlier the defense engages, the more pressure points stay open across all four areas.

Common Questions

Frequently Asked Questions

Is concealed carry now legal in Florida without a permit?+
For eligible persons, yes. As of July 1, 2023, Florida allows concealed carry without a license for persons who otherwise meet legal qualifications. Felons, persons under domestic violence injunctions, persons under indictment, and other prohibited persons remain prohibited. Open carry rules, school zone restrictions, and prohibited locations were not changed by the law.
What is 10-20-Life?+
10-20-Life is a Florida sentencing enhancement under § 775.087 that imposes mandatory minimum prison sentences when a firearm is used during qualifying felonies. 10 years for possession of a firearm during the offense. 20 years if the firearm was discharged. 25 years to life if the discharge caused injury or death. The minimums cannot be reduced below the floor.
Can I be charged in both state and federal court for the same gun?+
Yes. The dual sovereignty doctrine allows separate state and federal prosecutions arising from the same conduct. State charges go through the Miami-Dade State Attorney's Office. Federal charges, most often under 18 U.S.C. § 922(g) for prohibited possessors or § 924(c) for firearm use during a federal felony, are prosecuted by the U.S. Attorney's Office. Federal sentences typically run consecutive to state time.
What is constructive possession?+
Constructive possession is when a person does not physically hold the firearm but is alleged to have control over it. To prove constructive possession, the state generally must show the person had knowledge of the firearm and the ability to exercise dominion and control over it. Cases involving guns found in vehicles, homes, or shared spaces often turn on this question. Mere proximity is not possession.
Can a felon ever legally possess a firearm in Florida?+
Generally no, while the conviction stands. Florida has a process for restoration of civil rights, including the right to possess a firearm, but it is separate from sentence completion and requires a formal application to the Florida Office of Executive Clemency. Federal law under 18 U.S.C. § 922(g)(1) imposes its own prohibition that does not always lift even when state rights are restored.
What is a Stand Your Ground immunity hearing?+
Florida Statute § 776.032 provides for a pretrial immunity hearing in self-defense cases. If the defense raises immunity, the prosecution must prove by clear and convincing evidence that the immunity does not apply. A successful immunity ruling results in dismissal before trial, not just acquittal. The duty to retreat is removed where the person has a legal right to be.
Should I talk to ATF or police if they ask about a firearm?+
No. Statements made before a lawyer is involved often become the strongest evidence against the accused, especially in firearm cases where intent and knowledge are central. Politely decline to answer questions and request to speak with an attorney before saying anything else.
What is the Armed Career Criminal Act?+
The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), imposes a 15-year mandatory minimum federal sentence for a person convicted under § 922(g)(1) who has 3 or more prior convictions for a violent felony or a serious drug offense. Whether prior convictions qualify under ACCA is heavily litigated and matters substantially to sentencing exposure.
Can a weapon charge be sealed or expunged in Florida?+
Florida law makes most firearm-related felony convictions ineligible for sealing or expungement, particularly those involving violence or 10-20-Life enhancements. Cases that resolve through dismissal or other non-conviction outcomes may be eligible. Avoiding a conviction is the key issue, which is why early defense work matters most.
Do you handle weapon cases outside Miami?+
Yes. The firm represents clients across Miami-Dade County and throughout South Florida. Federal firearm cases are handled in the Southern and Middle Districts of Florida.
Related Defense Areas

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 →

Federal Crimes

Federal firearm charges under § 922(g) and § 924(c) carry stacked, consecutive sentences. Federal practice rules and defense strategy differ from state.

Learn More →

Domestic Violence

A DV allegation can trigger firearm surrender as a bond condition and a permanent federal firearm ban under 18 U.S.C. § 922(g)(8) and § 922(g)(9).

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Weapon cases stack mandatory minimums quickly. The earlier the defense engages, the more room there is to challenge the search, the possession theory, and the enhancements.

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