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The right to bear arms is a fundamental right that has existed in the United States since the founding of the constitution. However, there are limits to your right to bear arms, and due to increased gun violence in recent years, police and prosecutors are cracking down on crimes involving firearms. Carrying a concealed firearm is one such criminal charge in the state of Florida involving guns. Carrying a concealed firearm is a serious felony offense that can result in jail time, prison time, or probation time. In addition, if you are not a United States citizen, a conviction for carrying a concealed firearm will result in you being placed in removal proceedings from the United States.
If you were arrested for carrying a concealed firearm or weapon in Miami or Dade County, contact Hubbs Law Firm. Our experienced founding attorney, E.J. Hubbs, can sit down with you and review all of the facts of your case and let you know your best legal plan of attack. Attorney E.J. Hubbs is a former prosecutor, has handled over 10,000 criminal cases in his career, taken over 50 jury trials to verdict, and is Board Certified in Criminal Trial Law by the Florida Bar. His experience can benefit your case directly by allowing him to make extremely important legal decisions as he acts in your best interest. Our Miami criminal defense attorneys represent clients charged with all types of weapon crimes in Miami and throughout Miami-Dade County, including Miami Gardens, Hialeah, Miami Beach, South and North Miami, Kendall, Homestead, and anywhere else in the area.
Call Hubbs Law Firm today at (305) 570-4802 to set up your free consultation.
Elements of Carrying a Concealed Firearm under § 790.01 F.S.
In order to convict an individual of carrying a concealed weapon under Florida law, the prosecutor must prove each of the elements of Florida Statute § 790.01 beyond a reasonable doubt.
The elements of Section 790.01 are as follows:
- The defendant knowingly carried on or about his or her person a firearm
- The firearm was concealed from the ordinary sight of another person
The Florida Statutes also provide a definition for the term firearm. Under Section 790.001, a "firearm" is defined as any weapon, including a starter gun, a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer, any destructive device, or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.
Penalties for Carrying a Concealed Firearm
Carrying a concealed firearm is a third-degree felony punishable by a maximum sentence of five years and a $5,000 fine. Carrying a concealed weapon is a misdemeanor punishable by 364 days in the county jail and a $1,000 fine. Firearm enhancements also apply to the charge if the defendant is also charged with felon in possession of a firearm. If the state alleges that the defendant was in actual possession of a firearm in this instance, then a three-year minimum mandatory sentence applies.
Defenses to Carrying a Concealed Weapons Charges
- Carrying a Concealed Weapons Permit – If you had a valid permit to carry a concealed weapon in Florida at the time of the offense, then you had the legal right to carry a concealed firearm.
- Firearm not Concealed from the Ordinary Sight of Another Person – The State of Florida is required to prove that the defendant carried the firearm “concealed from the ordinary sight of another person.” This means if the firearm was visible (i.e., sticking out of your pocket or visible in plain view in your vehicle), you might have a defense to the crime.
- Defendant not Carrying a Firearm – The State of Florida is required to prove that the weapon you carried was, in fact, a “firearm” under Florida Law. Some weapons will not fall under the definition of a firearm because they are antiques or not capable of expelling a projectile.
- Constructive Possession – Like drug possession cases, firearms are often recovered from vehicles with multiple occupants. If the firearm is recovered in a situation like this, the State of Florida must prove you had constructive possession of the weapon. This means they must prove you had knowledge that the weapon was there and you had the ability to exercise dominion and control over the firearm. If they are unable to prove these two elements, then you may have a defense to the crime.
Find a Lawyer for Carrying a Concealed Firearm in Miami-Dade County, FL
If you were arrested for carrying a concealed firearm or a similar weapons offense such as felony in possession, then contact Hubbs Law Firm. Our experienced criminal defense attorneys in Miami have handled over 10,000 criminal cases and taken over 50 jury trials to verdict. Hubbs Law Firm defends clients charged with all types of crimes in Miami and throughout Miami-Dade County, including Miami Gardens, Hialeah, Miami Beach, South and North Miami, Kendall, Homestead, and anywhere else in the area.
Call (305) 570-4802 for more information or to set up a free consultation to discuss your case.
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Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
"On the personal note she treats you like family and I recommend her to anyone that needs help."Gabriel M.
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