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West Palm Beach Gun & Weapons Charge Attorneys

Guns & Weapons Charges Attorneys in West Palm Beach

Gun and weapon charges are serious offenses that can result in significant criminal penalties, including life-long restrictions on gun ownership. These charges can sometimes stand alone, but more often, the presence of a firearm during the commission of another crime can lead to harsher penalties. Defendants may also face additional probation violations if charged with gun crimes, complicating their legal situation.

In some cases, expungement may be an option for certain gun-related charges, though this depends on the specifics of the case. Convicted felons, in particular, face additional restrictions when charged with gun-related crimes, further intensifying their legal challenges.

The mere possession of a firearm during a violent or  drug-related crime can elevate charges, often leading to more severe consequences. It is critical to seek comprehensive legal defense in such cases to explore all potential options, including expungement, where applicable.

Legal counsel is essential to navigate the complexities of gun-related charges, especially for individuals with prior convictions. A thorough defense can make a significant difference in mitigating the severe penalties associated with these crimes.

Anything you say will be noted by law enforcement and used against you. Even if you don’t think you are making incriminating statements, any statements you do make may conflict with a possible defense your attorney may otherwise have been able to use on your behalf.

Related:  What Is An Aggravated Offense? Explaining The Basics

Common Florida Gun & Weapon charges

Common gun charges in Florida include:

  • Possession of a firearm by a convicted felon: Under Florida Statute 790.23, it is illegal for a convicted felon to knowingly own, control or possess a firearm. This is the most commonly filed gun charge in the state of Florida and among the most restrictive gun laws in the nation. It’s a primary reason why defendants should always fight to keep any felony charge off their criminal record. The law recognizes both actual and constructive possession. Actual possession, which includes weapons close enough to be within reach, carries a mandatory minimum prison sentence of three years. The charge is a second-degree felony carrying a maximum penalty of up to 15 years in prison, 15 years of probation and a $10,000 fine. Constructive possession is an overcharged allegation that a defendant merely had access to a weapon, but may also result in the same serious criminal penalties as a second degree felony.
  • Carrying a concealed weapon without a permit: While the laws are changing (Gov. Ron DeSantis recently signed legislation to permit carrying without a permit) the crime of carrying a concealed weapon without a permit remains on the books. It may be charged as either a first-degree misdemeanor, carrying a penalty of up to 1 year in jail, or a third degree felony, which can result in a 5-year prison sentence.
  • Using a firearm in a crime: Enhancements for using a firearm during the commission of another crime can be punishable by a life felony, or a felony of either the first or second degree. Even a second degree felony carries a penalty of up to 15 years in prison, 15 years of probation and a $10,000 fine.
  • Possession of a firearm during a violent crime: Even if the weapon is not used, mere possession during a violent crime may result in a mandatory minimum sentence of 20 years behind bars.

Possession of an illegal firearm: Certain firearms and ballistics are illegal under the law, including some machine guns, short-barreled rifles or shotguns, and armor-piercing or explosive rounds. These crimes are typically second degree felonies punishable by up to 15 years in prison, 15 years probation and a $10,000 fine.

Defense of Weapons Charges

In many cases, gun charges are filed as an enhancement, or aggravating factor, as part of a criminal case alleging another crime. An experienced West Palm Beach criminal defense lawyer will work to beat such enhancements, or to win a reduction or dismissal of associated gun charges, which can result in a substantial reduction in potential penalties.

Other common defenses include:

  • Lawful possession: Armed law enforcement are quick to charge armed citizens. In many cases, the law favors defendants who seek experienced legal defense to both protect their freedom and their rights under the 2nd Amendment.
  • Antique firearms: Many older firearms are protected by exemptions for antique firearms and replicas.
  • Self-defense: Florida’s “Stand Your Ground” law often protects those who act in protection of themselves or family members.
  • Challenging possession: Particularly in constructive possession cases, when it can be shown that you did not know about a firearm, or were not in possession of it, you should not be convicted of a crime.
  • Illegal search and seizure: Successfully challenging the arrest, or a search, can result in dismissal of the charges against you.

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

A weapons charge defense attorney in West Palm Beach, like those at Salnick Law, P.A., can provide critical legal assistance if you're facing weapons-related charges. We can help by challenging the evidence, arguing for lawful possession, exploring self-defense claims, and addressing any violations of search and seizure laws. Our expertise may lead to reduced charges or even dismissal, depending on the specifics of your case. At Salnick Law, P.A., our attorneys have extensive experience handling weapons charges, ensuring you receive the best possible defense in West Palm Beach.
Salnick Law, P.A. handles a range of gun and weapon charges, including unlawful possession of a firearm, carrying a concealed weapon, and violations related to the sale, distribution, and trafficking of firearms. They also deal with cases involving weapons enhancements, which can escalate the severity of charges if a firearm is used during the commission of a crime. Our experienced attorneys are skilled in defending against these charges in West Palm Beach.
Having a specialized gun crime defense attorney in West Palm Beach is crucial due to the complexity of firearm laws and the severe penalties associated with gun-related offenses. Such an attorney has in-depth knowledge of both state and federal firearms regulations and can effectively navigate the legal system to advocate for the rights of the accused. Our expertise includes challenging the circumstances of the arrest, the legality of any searches conducted, and the ownership and use of the weapon, which can significantly affect the outcome of the case. At Salnick Law, P.A., we are dedicated to providing top-notch defense for our clients in West Palm Beach.
Actual possession means the firearm was within immediate control—constructive possession means you had knowledge and access, even if not on your person. Constructive possession often relies on proximity and accessibility to argue control. Your attorney can challenge this by proving you lacked awareness or authority over the weapon’s location. Successfully disputing constructive possession can lead to reduced or dismissed charges. The state must prove sufficient connection between you and the firearm. This line of defense is particularly powerful in cases involving shared spaces or vehicles.
Antique firearms and replicas—typically manufactured before a certain year—may be exempt from prohibitions applied to modern weapons. Florida law provides exemptions for presumptively non-functional or historical firearms. Your lawyer can gather documentation proving the firearm’s age, design, and lack of modern functionality. Presenting evidence of antique status may avoid criminal charges or enhancements. However, not all old firearms qualify; legal and technical expertise are required to determine eligibility. As always, early assessment of firearm type is crucial to shape effective defense.
Possibly. Florida’s “Stand Your Ground” law may apply if possession of the firearm occurred during lawful self-defense. To succeed, your attorney must show that you reasonably believed force was necessary to prevent imminent harm. This legal justification can negate unlawful possession charges in some instances. Evidence like witness accounts or prior threats strengthens such claims. Courts typically scrutinize these defenses heavily, so a clear narrative backed by facts is essential. A competent attorney will know when and how to invoke this defense strategically.
If you need legal assistance with a gun or weapon charge, reach out to us at Salnick Law, P.A. for expert defense. We offer free consultations to discuss your case and provide the best legal options. Don't hesitate to contact us to ensure your rights are protected.

Additional Information in West Palm Beach

The Florida Senate Chapter 790 - Weapons and Firearms: Details regulations surrounding weapons and firearms. It includes specific laws on carrying concealed weapons, conditions for issuing licenses, restrictions for certain individuals, and penalties for violations. This chapter is essential for understanding the legal context and potential defenses in a gun crime case, providing a framework for legal strategies and ensuring compliance with state law.
National Rifle Association - Florida Gun Laws: Detailed information about state-specific regulations related to the ownership, possession, and carrying of firearms. It includes details on permits, registration, and the legal implications of carrying concealed weapons. Understanding these laws is crucial in gun crime cases, as it helps ensure that legal defenses are in line with current statutes and can assist in identifying any potential legal oversights or misinterpretations in the prosecution's case.
Florida Fish and Wildlife Conservation Commission - Hunting Regulations: Comprehensive rules and guidelines for hunting within the state. It covers season dates, bag limits, hunter safety requirements, and licensing information, tailored to different wildlife and hunting areas. This resource is useful in gun crime cases to reference legal hunting practices and verify if any weapon-related activities were in compliance with state regulations, potentially influencing the legal outcome in cases where lawful hunting is in question.

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