Weapon Crime Penalties and Consequences in South Florida explained by a Fort Lauderdale Criminal Defense Attorney

750+ Reviews On

WHAT ARE WEAPON CRIME PENALTIES IN FLORIDA?: South Florida Attorney Explains

First of all: What is a Weapon Crime in Florida?

Due to excessive and dramatic increases in reports of phenomenon of mass shootings in highly public places such as schools, airports, and concerts – the laws in Florida revolving around weapons crimes have shifted and become more strict and forcefully prosecuted throughout the state of Florida.

Florida Law prohibits a number of weapon crimes that involve the possession, purchase, or use of an illegal weapon or firearm.

According to the Florida Statute 790.001, a firearm is categorized as any weapon which will – or is designed to, or may readily be converted to – discharge a bullet by the action of an explosive. A weapon is any knife, metallic knuckles, slungshot, tear gas gun, chemical weapon or device, or other deadly weapons except a firearm or a common pocket knife, plastic knife, or blunt-bladed table knife.

Florida weapon crimes can be modified or “enhanced” depending on whether or not the weapon was used, fired , or otherwise enacted upon during the crime. These tend to increase penalties and heighten the case’s severity.

COMMON WEAPON CRIMES & WEAPON CRIME PENALTIES IN FLORIDA

Weapons crimes range in severity in terms of penalties and sentencing. Some weapons crimes are relatively common and have much less severe punishments than something like actually discharging a weapon.

The most common Florida weapons crimes include unlicensed carry or concealment of a firearm, improper exhibition of a dangerous weapon, possession of a firearm by a convicted felon, and discharging a firearm in public.There are a variety of consequences and punishments for weapons crimes, as there are so many different types of weapons and firearm crimes in Florida.

For example, the weapons crime of Unlicensed Carrying a Concealed Weapon, a person who is not licensed to carry a concealed weapon, is a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines of up to $1,000.

On the other hand, one of the most serious gun offenses includes the second-degree felony of Possession of a Firearm by a Convicted Felon. Second-degree felony charges carry potential consequences of up to 15 years in prison, and fines totaling up to $10,000, according to Florida law.

When thinking of which punishment would fit a specific weapon crime, it usually depends on the severity of the weapon crime. Discharging a firearm usually carries a heavier penalty than simply illegally owning a gun. Owning a firearm illegally isn’t as significant a crime as it would be if you had prior felonies. You can think of the statutory law as a step ladder. The more involved the weapons crime is, the higher the penalty and severity. For example – committing a crime where you shot a gun that you owned illegally? Now you’re looking at serious consequences in Florida.

Improper Exhibition of a Firearm or Weapon:

  • Improper Exhibition of a Firearm or Weapon occurs when a person has or carries a dagger, sword, sword cane, firearm, electric weapon or device, or other weapons in the presence of one or more people, and displays rude, careless, angry, or threatening manners, not in necessary self-defense.

​Minimum & Maximum Penalty for Improper Exhibition of a Firearm or Weapon in Florida:

  • The weapons crime of an improper exhibition of a firearm or weapon is a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines of up to $1,000.

Discharging a Firearm in Public:

  • Discharging a Firearm in Public occurs when any person who knowingly and recklessly discharges a firearm in a public place or on the right-of-way of any paved public road, highway, or street, or street or over any occupied premises. ​

Minimum & Maximum Penalty for Discharging a Firearm in Public in Florida:

  • The weapons crime of Discharging a Firearm in Public is generally charged as a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines up to $1000

Unlicensed Carrying a Concealed Firearm:

  • The crime of Unlicensed Carrying a Concealed Firearm occurs when a person is not licensed to carry a concealed firearm on or about his or her person. ​

Minimum & Maximum Penalty for Unlicensed Carrying a Concealed Firearm in Florida:

  • A weapons crime of Unlicensed Carrying a Concealed Firearm, a person who is not licensed to carry a concealed firearm is a third-degree felony. A third-degree felony carries consequences of up to 5 years in prison and fines of up to $5,000.

Unlicensed Carrying a Concealed Weapon:

  • The crime of Unlicensed Carrying a Concealed Weapon occurs when a person is not licensed to carry a concealed, electric weapon or device on or about his or her person. ​

Minimum & Maximum Penalty for Unlicensed Carrying a Concealed Weapon in Florida:

  • A weapons crime of Unlicensed Carrying a Concealed Weapon, a person who is not licensed to carry a concealed weapon is a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines of up to $1,000.

Shooting or Throwing Deadly Missiles:

  • The crime of Shooting into or throwing deadly missiles occurs when an individual maliciously shoots or throws deadly missiles into dwellings, public or private buildings, occupied or not occupied places to produce death or great bodily harm – destructive devices. ​

Minimum & Maximum Penalty for Throwing Deadly Missiles in Florida:

  • The crime of shooting or throwing deadly missiles is a second-degree felony. A second-degree felony carries consequences of up to 15 years in prison and fines of up to $10,000.

Firearm Possession by a Convicted Felon:

The crime of Possession of a Firearm by a Convicted Felon occurs when a convicted felon found to have committed a crime knowingly carries, controls, possesses or owns a firearm. ​

Minimum & Maximum Penalty for Firearm Possession by a Convicted Felon in Florida:

he crime of firearm possession by a convicted felon is a second-degree felony. A second-degree felony carries consequences of up to 15 years in prison and fines of up to $10,000

FINES & FEES ASSOCIATED WITH WEAPON CRIME CONVICTIONS IN FLORIDA

Improper Exhibition of a Firearm or Weapon ​

  • Up to $1,000 in fines & fees

Discharging a Firearm in Public ​

  • Up to $1,000 in fines & fees

Unlicensed Carrying a Concealed Firearm ​

  • Up to $5,000 in fines & fees

Unlicensed Carrying a Concealed Weapon ​

  • Up to $1,000 in fines & fees

Shooting or Throwing Deadly Missiles ​

  • Up to $10,000 in fines & fees

Firearm Possession by a Convicted Felon ​

  • Up to $10,000 in fines & fees

CONCLUSION: Weapon Crime Penalties and Consequences are Tough in Florida  

As you now know, weapons crimes are a spectrum of crimes in South Florida. They do not all carry the same severity or penalties. Some are less serious and more common such as improper exhibition of a firearm, while others carry more of a burden such as shooting or throwing deadly missiles. There are also special circumstances that could enhance a crime such as firearm possession by a convicted felon, which increases penalties such as unlicensed carrying a concealed firearm based on previous criminal history.

Weapons crimes penalties generally range from 1 year in jail to 15 years in prison, and those convicted can be susceptible to fines from $1,000 to $15,000. This may seem like a wide range of crimes, but the penalties typically scale in a logical manner that adheres to the severity of the crime.

If you or someone you know is being charged with a weapons crime in South Florida , the best thing you can do is contact Rossen Law Firm. We will work with you to schedule a free strategy session, as well as provide you with free booklet resources to help further educate you on the specific charges you might be facing

Schedule your FREE Consultation with a criminal defense attorney today:

  • Fort Lauderdale: 754-206-6200
  • Sunrise: 754-999-2499
  • Boca Raton: 561-880-8181

FREE Booklet Resources:

  • What to Do if You or a Loved One is Arrested
  • The Clients All Agree: 5-Star Rated Attorneys Adam & Manny are Winners
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Weapon Crime Penalties and Consequences in South Florida explained by a Fort Lauderdale Criminal Defense Attorney
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
STEP1
We Listen to Your Story
STEP2
We Educate You
STEP3
We Create a Unique Defense Strategy
Schedule Your
Free Strategy Session

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
    js_loader
    super-lawyers-2021
    500
    national-trial-lawyers
    national-association-distinguished-counsel
    florida-trends-legal-elite
    american-institute-criminal-law-attorneys
    rated-by-super-lawyers
    avvo-rating-superb-criminal
    avvo-rating-superb-dui
    av-preeminent
    av-preeminent-2017
    superior-dui-attorney
    american-assoc-attorneys
    rising-stars-serra-jovenich
    super-lawyers-rising-stars
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Your Free Download Instantly
    The Client All Agree Rossen Law Firms’s 5- Stars Rated Attorneys
    Instant Download
    7 Reglas Que Necesitas Saber Para Sobrevivir A Un DUI en Florida
    EN ESTE REPORTE GRATIS DESCUBRIRAS EL ERROR #1 AL HACER LA PRUEBA DE SOBRIEDAD, LA VERDADERA RAZÓN PORQUE LA POLICÍA QUIERE ARRESTARTE Y MUCHO MÁS…
    Instant Download
    7 Rules You Need to Know to Survive a Florida DUI
    IN THIS FREE REPORT YOU’LL DISCOVER: THE #1 MISTAKE PEOPLE MAKE ON THE FIELD SOBRIETY TESTS THE REAL REASON THE POLICE ARE DYING TO ARREST YOU… AND WAY MORE…
    Instant Download
    Florida Domestic Violence
    HOW WHAT HAPPENS IN THE HEAT OF THE MOMENT CAN HAVE TERRIBLE LEGAL CONSEQUENCES FOR EVERYONE INVOLVED
    Instant Download
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.