Fort Myers Firearms Offense Attorney
Firearms offenses are taken very seriously in Florida and carry severe penalties upon conviction, including lengthy prison sentences and extremely heavy fines. If you have been charged with a firearms-related offense in Lee or Collier County, it is crucial to seek legal representation from an experienced criminal defense attorney. Attorney Dan Hanuka has decades of experience in Florida criminal law, first as a public defender and then in private practice. At Hollander & Hanuka Attorneys at Law, we understand the complexities of Florida’s firearms laws and will aggressively defend your rights. Contact our skilled Fort Myers firearms offense lawyer today for immediate assistance putting you in the best position for a positive outcome.
Possession of a Firearm by a Felon
Under Florida Statute § 790.23, it is illegal for a person convicted of a felony to own, possess, or control a firearm, ammunition, or an electric weapon. The penalties for possession of a firearm by a felon are severe, with charges typically classified as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. If the firearm possession occurs within five years of the felon’s release from prison or probation, the penalties can increase. This offense also triggers Florida’s “10-20-Life” law, which mandates a minimum 10-year prison sentence for certain gun-related crimes. Our team will scrutinize the circumstances of your arrest and work to challenge the evidence, including whether the possession was knowing (actual) or constructive.
Possession of a Firearm by Delinquent
Similar to felons, juveniles adjudicated delinquent for certain offenses are also prohibited from possessing firearms under Florida law. If you have been adjudicated delinquent and are found in possession of a firearm, you could face third-degree felony charges. This crime is punishable by up to five years in prison and a $5,000 fine. The state must prove that the possession was willful, meaning that accidental possession or temporary control of a firearm may be viable defenses in your case. At Hollander & Hanuka, we will explore every legal option available to reduce or dismiss the charges you are facing.
Improper Exhibition of Firearm
Improper exhibition of a firearm occurs when a person displays a weapon in a rude, careless, angry, or threatening manner in the presence of another individual. This crime is charged as a first-degree misdemeanor in Florida under § 790.10, and it can result in penalties of up to one year in jail and a $1,000 fine. However, if the firearm was used in self-defense, this may provide a valid defense to the charges. Florida’s “Stand Your Ground” law allows individuals to defend themselves without a duty to retreat in certain situations. Our attorneys will carefully review your case to determine whether the circumstances meet the criteria for a self-defense claim.
Aggravated Assault with a Deadly Weapon
Aggravated assault with a deadly weapon is a more serious offense than improper exhibition of a firearm. It involves threatening another person with a firearm or other deadly weapon with the intent to cause fear of imminent harm. This charge is classified as a third-degree felony, punishable by up to five years in prison and a $5,000 fine. If a firearm is used during the commission of an aggravated assault, the penalties can be enhanced under Florida’s 10-20-Life law, which imposes a mandatory minimum sentence of three years if no shots were fired. If a firearm was discharged, the minimum sentence increases to 20 years, and if the discharge resulted in injury or death, the minimum sentence is 25 years to life in prison. Given the severity of these penalties, it is critical to have an experienced attorney who can present strong defenses, such as self-defense or defense of others.
Contact Hollander & Hanuka for Experienced Firearms Offense Defense in Fort Myers
At Hollander & Hanuka Attorneys at Law, we have extensive experience handling firearms offenses in Fort Myers, Naples, and surrounding areas. Whether you are facing charges for possession of a firearm by a felon or delinquent, improper exhibition of a firearm, or aggravated assault with a deadly weapon, we will fight to protect your freedom. Contact us today for a free consultation to learn how we can help you get through the legal system and achieve the best possible outcome for your case.