Weapons & Firearm Charges | Jupiter, Florida
Firearms charges in Florida carry mandatory minimums that leave little room for error. Former prosecutor strategy for weapons cases in Palm Beach County.
Request a Defense Strategy CallCall now: (561) 919-2645
Weapons charges in Florida range from misdemeanor carrying of a concealed non-firearm weapon to second-degree felony possession of a firearm by a convicted felon — and they can be dramatically elevated when a weapon is used or displayed during another crime. Florida's 10-20-Life statute imposes mandatory minimum sentences for firearm involvement that the judge cannot reduce, regardless of circumstances. Understanding which statute applies and what the state must prove is the starting point for any defense.
Under Florida Statute 790.01, carrying a concealed weapon other than a firearm without a valid license is a first-degree misdemeanor. Carrying a concealed firearm without a license is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The distinction between the two depends on what was carried and how it was carried. The word "concealed" has a specific legal meaning under Florida law, and whether an item qualifies as "concealed" in the legal sense is often a genuine issue. Weapons that are partially visible, carried in a holster in a vehicle, or worn in a way that does not meet the statutory definition of concealed may not support the charge.
Florida Statute 790.23 makes it a second-degree felony for a convicted felon to possess a firearm, ammunition, or an electric device designed to cause bodily harm. The penalty is up to 15 years in prison. Federal law under 18 U.S.C. § 922(g) also prohibits felons from possessing firearms and carries separate federal penalties. Constructive possession — where the firearm was found in a location the defendant had access to and control over, rather than directly on their person — is sufficient to support a charge. When a weapon is found in a shared space, the defense must scrutinize whether actual possession can be proven against this defendant specifically.
Florida Statute 775.087 imposes mandatory minimum prison sentences when a firearm is involved in the commission of certain enumerated crimes: robbery, burglary, kidnapping, sexual battery, aggravated battery, aggravated assault, and others. The minimums are: 10 years for possessing or displaying a firearm during the crime; 20 years for discharging it; 25 years to life for causing death or great bodily harm by discharging it. These are not sentencing guidelines — they are mandatory floors that the judge must impose even if they believe a lesser sentence is warranted. The 10-20-Life enhancement can convert an otherwise manageable charge into a case with decades of required prison time.
In many weapons cases, the most powerful defense avenue is the one that comes before the charge itself: was the stop, search, or seizure that produced the weapon legally justified? A traffic stop requires reasonable suspicion. A search of a person or vehicle requires a warrant, consent, or a recognized exception. A pat-down requires articulable reasonable suspicion of a crime. If any of those legal requirements were not met, a suppression motion may exclude the weapon from evidence — and without the weapon, there is often no case. The constitutional analysis of how the weapon was found must be the first thing the defense examines.
Florida Statute 790.10 makes it a first-degree misdemeanor to exhibit any sword, sword cane, firearm, electric weapon, or destructive device in the presence of one or more persons, in a rude, careless, angry, or threatening manner that is not in necessary self-defense. This charge often arises in disputes, road rage incidents, or confrontations where someone displayed a weapon without firing or pointing it. The defense reviews the context, the perceived threat at the time, and whether the display was justified under the circumstances.
Some weapons cases attract federal attention, particularly when firearms are involved in drug trafficking, when the defendant has a prior felony record, or when there is evidence of weapons crossing state lines. Federal weapons charges carry their own mandatory minimums under 18 U.S.C. § 924 and are served in federal prison without early release through parole. Whether a case has federal exposure, and how to position the defense in light of that possibility, is part of handling any serious weapons case.
Yes. Under Florida Statute 790.01(2), carrying a concealed firearm without a valid Concealed Weapon License is a third-degree felony, punishable by up to five years in prison. Carrying a concealed non-firearm weapon without a license is a first-degree misdemeanor. The type of weapon and whether it was legally "concealed" in the statutory sense are both issues the defense should examine closely.
Florida's 10-20-Life law imposes mandatory minimum prison sentences when a firearm is used in certain crimes: 10 years minimum for possessing or displaying it, 20 years for firing it, and 25 years to life for shooting someone. These minimums cannot be reduced by the judge. They apply on top of the underlying charge, which means a conviction on both the crime and the enhancement can result in decades of mandatory prison time.
Generally no. Florida law and federal law both prohibit convicted felons from possessing firearms. The prohibition under Florida Statute 790.23 applies to firearms, ammunition, and certain electric devices. There are limited restoration procedures under Florida law, but they are narrow in scope and do not restore federal gun rights in most circumstances. Anyone with a felony record who is concerned about their firearm rights should consult an attorney before possessing any weapon.
Constructive possession allows a weapons charge when the firearm was found in a location you had access to and control over — like a vehicle you were driving — even if it was not on your person. The state must prove you knew the weapon was there and had the ability and intent to control it. When a weapon is found in a shared space and multiple people had access to it, who actually possessed it is a genuine legal question the defense can contest based on the specific facts.
Yes. How law enforcement found the weapon is the first question any defense attorney should ask. If the stop lacked reasonable suspicion, if the search exceeded its lawful scope, or if consent was not freely and voluntarily given, a motion to suppress can ask the court to exclude the weapon from evidence. If the weapon is suppressed, the state may have no case left to pursue. This constitutional analysis is the most powerful tool in many weapons cases.
Yes. Arrieta Law, PLLC provides full representation and communication in Spanish throughout Jupiter and Palm Beach County. Hablamos Español. If you or a family member is facing a weapons charge, call (561) 919-2645 for a confidential consultation.
Weapons charges frequently arise alongside drug trafficking charges. When a firearm is present during a trafficking offense, the 10-20-Life mandatory minimums apply on top of trafficking penalties.
Displaying a weapon during a confrontation can elevate simple assault to aggravated assault — a felony. Here is how assault and weapons charges interact.
When a weapon is used in a battery, the charge becomes aggravated battery and the 10-20-Life enhancements apply. Here is how aggravated battery defense works.
Weapons found alongside drugs complicate both charges. The search that found the drugs may also have found the weapon — and the same constitutional analysis can affect both.
From arrest through booking and first appearance. What to do in the hours after a weapons arrest, and why what you say matters immediately.
Weapons charges sometimes arise after an arrest on a pre-existing warrant. Here is how to handle an active warrant in Palm Beach County before it controls the situation.
Firearms charges carry mandatory minimums that leave no room for a casual defense. Call Arrieta Law now for a confidential consultation. The earlier the defense review begins, the more options are available.