Miami Concealed Firearm Defense Attorney
On July 1, 2023, Floridians will no longer need a permit to carry a concealed weapon, thanks to House Bill (HB) 543, which Governor Ron DeSantis recently signed into law. This new legislation strengthens the Second Amendment rights of Florida residents, making the state the 26th in the nation to enact Constitutional Carry legislation.
Contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. for a Free Consultation
The Second Amendment to the United States Constitution guarantees the right to bear arms, but this fundamental right has its limitations. In response to rising gun violence, law enforcement and prosecutors have intensified efforts to address firearm-related offenses. In Florida, carrying a concealed firearm is a serious felony, potentially leading to jail, prison, or probation. Non-U.S. citizens convicted of this crime face removal proceedings from the country.
If you have been arrested for carrying a concealed firearm or weapon in Miami or Dade County, reach out to Miami Criminal Defense Attorney Dennis Gonzalez Jr. With extensive experience, Attorney Gonzalez can carefully examine the details of your case and devise the most effective legal strategy. As a former prosecutor, Attorney Gonzalez has managed over thousands of criminal cases and taken numerous jury trials to verdict. His valuable insights can directly influence key legal decisions to protect your best interests. Our Miami criminal defense attorneys represent clients facing various weapon charges throughout Miami-Dade County, including Miami Gardens, Hialeah, Miami Beach, South and North Miami, Kendall, Homestead, and other nearby areas.
Call Us At 305-209-0384 For A FREE Consultation!
The Second Amendment to the United States Constitution guarantees the right to bear arms, but this fundamental right has its limitations. In response to rising gun violence, law enforcement and prosecutors have intensified efforts to address firearm-related offenses. In Florida, carrying a concealed firearm is a serious felony, potentially leading to jail, prison, or probation. Non-U.S. citizens convicted of this crime face removal proceedings from the country.
If you have been arrested for carrying a concealed firearm or weapon in Miami or Dade County, reach out to Miami Criminal Defense Attorney Dennis Gonzalez Jr. With extensive experience, Attorney Gonzalez can carefully examine the details of your case and devise the most effective legal strategy. As a former prosecutor, Attorney Gonzalez has managed over thousands of criminal cases and taken numerous jury trials to verdict. His valuable insights can directly influence key legal decisions to protect your best interests. Our Miami criminal defense attorneys represent clients facing various weapon charges throughout Miami-Dade County, including Miami Gardens, Hialeah, Miami Beach, South and North Miami, Kendall, Homestead, and other nearby areas.
Call Us At 305-209-0384 For A FREE Consultation!
Requirements for Conviction under § 790.01 F.S. for Carrying a Concealed Firearm
To secure a conviction for carrying a concealed weapon under Florida law, the prosecution must establish all elements of Florida Statute § 790.01 beyond a reasonable doubt:
Consequences of Carrying a Concealed Firearm
Carrying a concealed firearm is a third-degree felony, punishable by a maximum of five years in prison and a $5,000 fine. Carrying a concealed weapon is a misdemeanor with a maximum penalty of 364 days in county jail and a $1,000 fine. Firearm enhancements apply if the defendant is also charged with being a felon in possession of a firearm. If the defendant was in actual possession of a firearm, a minimum mandatory sentence of three years applies.
Defenses Against Charges of Carrying a Concealed Weapon
To secure a conviction for carrying a concealed weapon under Florida law, the prosecution must establish all elements of Florida Statute § 790.01 beyond a reasonable doubt:
- The defendant knowingly carried a firearm on or about their person
- The firearm was concealed from the ordinary sight of another person
- Florida Statutes also define "firearm" under Section 790.001 as any weapon, such as a starter gun, capable of expelling a projectile via an explosive, the frame or receiver of any such weapon, any firearm muffler or silencer, any destructive device, or machine gun. Antique firearms are excluded from the definition unless used in a crime.
Consequences of Carrying a Concealed Firearm
Carrying a concealed firearm is a third-degree felony, punishable by a maximum of five years in prison and a $5,000 fine. Carrying a concealed weapon is a misdemeanor with a maximum penalty of 364 days in county jail and a $1,000 fine. Firearm enhancements apply if the defendant is also charged with being a felon in possession of a firearm. If the defendant was in actual possession of a firearm, a minimum mandatory sentence of three years applies.
Defenses Against Charges of Carrying a Concealed Weapon
- Carrying a Concealed Weapons Permit - If you had a valid Florida permit to carry a concealed weapon at the time of the offense, you were legally permitted to carry the concealed firearm.
- Firearm Not Concealed from the Ordinary Sight of Another Person - Florida State must prove that the firearm was concealed from the ordinary sight of another person. If the firearm was visible (e.g., protruding from your pocket or in plain view in your vehicle), you may have a defense.
- Defendant Not Carrying a Firearm - The State must prove that the weapon carried was a "firearm" under Florida law. Some weapons, such as antiques or those incapable of expelling a projectile, may not qualify.
- Constructive Possession - In cases where firearms are recovered from vehicles with multiple occupants, the State must prove you had constructive possession of the weapon, meaning you had knowledge of its presence and the ability to exercise control over it. Failure to prove these elements may provide a defense.
Featured client testimonials:
Arrested for battery in Miami
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"I had a great result, my case was dismissed. I would recommend Dennis Gonzalez Jr to anyone with a Criminal Case. Everything was resolved quickly within 30 days."
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MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |