Clearwater, Florida Gun Crime Attorney
Conviction for a weapons violation can result in a permanent criminal record, jail time, and heavy fines. As a result, you may be prohibited from certain kinds of work, may find it difficult to find an insurer, or could be required to relinquish ownership of your firearms. At the law office of Joseph Montrone, Jr., P.A. I represent people charged with weapons violations. These are often a function of car stops, execution of search warrants, restraining order violations, and domestic violence calls. In many cases, the actions of police officers call into question the constitutionality of a search, car stop, or home entry. As your lawyer, I expose mistakes on the part of officers and their groundless assumptions that lead to weapons charges.
If a gun was found in you car, home, or personal belongings that officers claim you possessed illegally, contact gun crime attorney Joseph Montrone, Jr. today to schedule a free, confidential consultation about your case.
Weapons Violations and Gun Crime
The law office of Joseph Montrone, Jr., P.A. represents clients charged with the following kinds of gun crimes:
- Felon in possession of a firearm
- Possession of a gun without a permit
- Possession of an unregistered firearm
- Possessing illegal ammunition
- Failure to separate ammunition and gun during transportation
- Unlawful discharge of a firearm in public
- Possession of brass knuckles
- Possession of a switchblade
- Illegal modification of a firearm
- Carrying a concealed firearm
Florida's Minimum Mandatory 10-20-Life Sentencing Guidelines
Like California, Florida has a gun enhancement law that increases prisons sentences when a crime is committed with a gun. Under Florida Statutes § 775.087, 18 felonies, including robberies, sexual assaults, child abuse cases, kidnapping, aggravated battery, acts of arson, home invasion, car-jacking, murder, drug crimes, escapes, and aggravated stalking are subject to a gun penalty enhancement. Depending on the felony, if it is proved that a gun was involved in the commission of a crime, the accused could be sentenced to prison for 3, 10, 15, 20 years up to life.
Weapons Violations, Searches, and Seizures
In order to stop a car, officers must first have reasonable suspicion that a law has been broken (or is about to be broken). Once a car is stopped, police can ask to search the vehicle if there is something in plain sight that gives them probable cause to do so. If there is nothing in plain sight that an officer can use as probable cause, he or she may ask if the car's owner will voluntarily submit to a search of their car. If the owner of a car agrees to a search, an officer can search a car and hold any evidence found against its occupants.
These kinds of searches raise a number of constitutional issues, however. Did the officer have reasonable suspicion to stop a car in the first place? Did the officer ask to search the car based on the race or age of the occupants? If a gun was found, was it loaded? Functional? Registered? Was the gun in the car with the car owner's knowledge or permission? As your attorney, I will undermine the prosecution's case against you by raising these and other questions-which arresting officers often can't answer when cross-examined.
Contact Gun Crimes Lawyer Joseph Montrone, Jr. Today
If you've been arrested on a weapons violation charge, contact criminal defense attorney Joseph Montrone today to learn how I can help you. My consultations are free, fully confidential, and protected by the attorney-client privilege.
