Firearm Violations

Jessica J. Travis has handled all level of firearm and weapons charges and is familiar with the defenses:

Defenses to Firearm Charges

Defenses to Firearm charges include:

  • False allegation by alleged victim.
  • Reasonable use of force in Self-Defense.
  • Reasonable use of force in Defense of Property.
  • Instrument used was not a firearm.

Types of Firearm Charges

  • Felon in Possession of a Firearm
  • Assault, Battery, Burglary, Robbery & Murder with a Firearm
  • Unlawful Possession of a Weapon
  • Shooting into a Dwelling or Vehicle

Penalties for Firearm Charges

Firearm charges carry a minimum mandatory sentence.  The offender is required to serve prison time and is not eligible to have the sentence reduced for good behavior.  The offender serves day-for-day and does not get good-time.  Florida firearm laws are often referred to as “10-20-life” because Section 775.087, Florida Statutes requires the following:

  1. If the offender is charged with one of the following crimes:
    • Murder
    • Sexual Battery
    • Robbery
    • Burglary
    • Arson
    • Aggravated Assault
    • Aggravated Battery
    • Kidnapping
    • Escape
    • Aggravated Child Abuse
    • Aggravated Abuse of an Elderly Person or Disabled Adult
    • Unlawful throwing, placing or discharging of a destructive device or bomb
    • Carjacking
    • Home-invasion Robbery
    • Aggravated Stalking
    • Trafficking in Cannabis, Cocaine & other drugs

 

AND

  1. Either the offender:
    1. Possessed a Firearm = Minimum mandatory sentence is 10 years.
      1. Exceptions:
      2. Possessed a semi-automatic = 15 years.
      3. Possession of Firearm by Felon = 3 years.
      4. Possession of Firearm during Burglary of Conveyance = 3 years.
      5. Possession of Firearm during Aggravated Assault = No minimum mandatory sentence.  Section 784.021, Florida Statues. Either the offender:
    2. Discharged a Firearm = Minimum mandatory sentence of 20 years.
    3. Discharged Firearm AND caused death/ great bodily harm (shoots someone) = Minimum mandatory sentence of 25 years.

In addition, the sentence for a firearm charge usually must run consecutive (after) any other sentence which greatly increases the offender’s overall prison time.

Jessica J. Travis has defended all level of firearm charges and is familiar with defenses and sentencing options.  Call The Travis Law Firm, PLLC for a free consultation for firearm charges in Brevard County, Florida:  321-728-7280.

Note:  Florida laws are constantly changing.  Please contact a Florida criminal defense attorney to make sure you have the most up-to-date information about the crime, penalties and defenses that you are researching.  The information on this page is for informational purposes only and should not be relied upon in making important decisions.