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Weapons and Firearm Charges

Melbourne and Brevard County Criminal Defense Attorney

Because many crimes are committed with the aid of a weapon, Florida’s legislature has enacted several laws to control the number of guns available and the use of guns by the general population. State and federal prosecutors aggressively prosecute weapons-related offenses. If you have been arrested for a weapons-related offense, such as illegal possession of a weapon or carrying a weapon without a license, our criminal defense attorneys can help you. Call our office today so that we can defend your legal rights.

Florida’s “10-20-LIFE” Law

If you have been accused of, or arrested for a crime involving a weapon, you are automatically subject to elevated criminal charges and you could face substantial prison time. The most stringent of Florida’s gun laws is the “10-20-Life” law. Florida Lawmakers, in 1999, passed legislation providing for enhanced minimum mandatory prison terms for offenders who commit a crime with a gun.

Criminal Act Minimum Mandatory Prison Sentence
Possessing a firearm during the commission of certain felonies 10 years
Discharging a firearm during the commission of certain felonies 20 years
Shooting someone 25 years regardless of whether a victim is killed or simply injured. The maximum penalty is LIFE.

Melbourne Weapons Defense Lawyers

If you have been arrested for a weapons-related offense, it is essential to retain an experienced criminal defense attorney at the earliest possible stage of your case. . Our firm routinely defends clients charged with:

Defending Yourself against a Weapons Charge

Our criminal defense attorneys are well-versed in the laws of possession, search and seizure, and intent, and entrapment. We will carefully scrutinize the steps that law enforcement took in making your arrest.

POSSESSION, CONTROL, & INTENT

If you were arrested for illegally possessing a firearm or other weapon, the prosecutor must prove that you had control of the object. Specifically, they must prove that you either were in actual or constructive possession of the firearm/weapon, or that you intended to possess the firearm/weapon during, and in relation to, a drug trafficking crime.

SEARCH & SEIZURE

Many weapons cases involve complex search and seizure issues under the 4th Amendment. The weapon the prosecution seeks to use against you may have been seized through an illegal vehicle stop, by execution of a flawed search warrant, or by an illegal search of your home or person. These are all violations of your rights. Such evidence can be suppressed under the Fourth Amendment.

Our attorneys will examine the facts of your case to determine whether there are any mitigating factors that could help you avoid strict penalties.

Brevard County Florida Criminal Defense Attorney

The Law Office of Richard G. Canina proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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