Florida takes a tough stance on gun crimes. Therefore, if you have a prior criminal record and are caught with a firearm in Florida, you are more likely to face harsher penalties and longer sentences. Having a past conviction can make the consequences far more severe.
Florida’s gun laws are complex. And the system is designed to prevent repeat offenses. That is why Florida’s courts do not go easy on people with a criminal history. You need to know what you are up against and what rights you may or may not have. We, therefore, highly recommend hiring a gun crimes defense lawyer to guide you.
In this blog post, we will explore how prior convictions impact gun charges and sentencing in Florida.
Florida’s Gun Laws and Background Checks
In Florida, you need to have a clean record to purchase a gun. Therefore, if you want to own a gun in Florida, you have to do your best to keep a clean record. Florida has strict gun laws. And it is not shy about enforcing them.
To legally purchase a gun in Florida, you have to go through a background check. There are no exceptions. The Florida Department of Law Enforcement (FDLE) does the background checks. Private sales between individuals do not have the same requirement. However, if a seller knowingly sells a firearm to someone with a disqualifying record, they can be held liable.
If, for example, you have been convicted of a felony, domestic violence offense, or certain drug-related charges, you are barred from owning a gun. It is that simple. It can, however, get complicated with the variety of prior convictions. Why? Because prior convictions can affect eligibility differently.
How Prior Convictions Influence Gun Charges
Prior convictions affect gun ownership in Ponte Vedra Beach, Florida. And if you are caught with a firearm, prior convictions can lead to harsher penalties for new offenses.
Felony Convictions
If you have been convicted of a felony, you cannot legally carry or own a firearm. If you are a felon and you are found in possession of a gun in Ponte Vedra Beach, you could face serious charges. In fact, having a firearm within reach can lead to a felony possession charge. The penalties can range from a few years to decades in prison.
Domestic Violence Convictions
Florida takes domestic violence charges seriously. If you have been convicted of a domestic violence misdemeanor, then you cannot purchase or own a firearm in Ponte Vedra Beach. Even domestic violence restraining orders can prevent you from possessing or owning a firearm.
Drug-Related Convictions
The state of Florida has harsh penalties for drug offenders, especially repeat offenders. In fact, if you were convicted of a minor drug offense years ago, it could impact your gun rights today. A drug-related conviction can prevent you from purchasing or owning a firearm.
Sentencing Enhancements Due to Prior Convictions
Florida does not just place restrictions on firearm possession after a criminal conviction. It also increases the punishments for those who break those restrictions.
Here is how prior convictions can lead to harsher penalties:
Minimum Mandatory Sentences
If you have a criminal record and are convicted of a crime involving guns in Florida, you will face mandatory minimum prison time. There is no room for negotiation. For example, if you have a felony conviction and are caught with a firearm again, you could face a minimum of three years in prison with a gun charge.
Three Strikes Law
Florida’s “three strikes” law means if you are arrested and convicted of three or more serious offenses, you could face a life sentence. Three strikes law applies to a wide range of felonies. Gun crimes are at the top of the list. So, if you have two prior convictions and are caught in a gun-related crime, you could face life in prison. Why? Because it is more likely your third strike.
Aggravated Offender Penalties
If you are considered an aggravated offender in Florida, you could face enhanced penalties. These penalties can lead to longer sentences, with no chance of parole. If, for example, you have a violent conviction and you get a new gun charge, the state may increase the maximum penalty. So, you might spend more time behind bars.
Defending Against Gun Charges with a Prior Conviction
If you have a criminal record and have been charged with a gun crime in Ponte Vedra Beach, you may not know what to do next. Remember, there are defense strategies that might help.
Here are some of the possible defense strategies if you are have a gun charge with a prior conviction:
Challenging the Arrest or Search
Your criminal defense lawyer can question how the police found the gun in the first place. If the officers did not have a valid reason to search you or your belongings, the evidence might be thrown out. For instance, if the police pull you over and find a gun without probable cause for the search, your lawyer might argue that the gun cannot be used in court.
Proving Lack of Intent
Your criminal defense lawyer can show that you did not intend to break the law. This is an effective defense strategy in cases of accidental possession. For example, if you have a felony record and are holding a bag for your friend without realizing there is a firearm inside the bag, proving lack of intent can lead to a reduction in charges.
Mitigating Factors
Your criminal defense lawyer might focus on mitigating factors. These are the circumstances that lessen the blame. Maybe you were under duress or unaware of the firearm’s presence. For example, if you had a gun for personal protection receiving threats, that could be a mitigating factor.
The Importance of a Skilled Defense Attorney in Repeat Gun Offense Cases
Are you facing gun charges with a prior conviction? Having a skilled criminal defense attorney can make a huge difference in your case. Florida’s gun laws are complicated. And if you do not have a knowledgeable and experienced attorney, then navigating these laws can feel impossible.
Here is why you need a skilled attorney for your gun charge:
Navigating Complex Laws
A skilled criminal defense attorney understands the ins and outs of Florida’s gun laws. They can help navigate complex laws and create effective defense strategies. They know how to work within the system. In addition, they know where to look for loopholes and technicalities. So, they can help weaken the prosecution’s case.
Plea Deals and Alternative Sentencing
You do not have to go to trial. Instead, you can negotiate a plea deal. Therefore, your lawyer can negotiate with the prosecutor to reduce the gun charge. Additionally, a good attorney can help you secure alternative sentencing options, such as probation, treatment programs, or even house arrest.
Facing a Gun Charge in Ponte Vedra Beach, FL? Contact Malcolm Anthony, PA Today
Prior convictions in Florida add to the complexity of gun charges. If you have a criminal record, you could face harsher penalties and mandatory minimums. In fact, if you have a prior conviction, a minor gun-related offense might spiral into a serious situation.
We, therefore, do not recommend going it alone. Do not even attempt to represent yourself. If you are facing charges with a prior conviction, you need to get skilled legal help. A good criminal defense lawyer can help you navigate complicated laws, create effective defense strategies, and reduce the punishment.
If you are facing gun-related charges in Ponte Vedra Beach, Malcolm Anthony, PA, should be at the top of your list. With years of experience, Malcolm Anthony knows Florida’s legal system inside and out, especially when it comes to tough, high-stakes cases involving prior convictions and firearms.
His firm is committed to fighting for his clients’ rights, digging into every detail to craft a solid defense. If you are in a tight spot and need a skilled criminal defense attorney to stand up for you, call Malcolm Anthony at (904) 285-4529. With Malcolm Anthony, PA, you’ll have a committed advocate in your corner, ready to fight for the second chance you deserve.
