Port Charlotte Gun Crime Lawyer

Port Charlotte Gun Crimes Attorney

Facing felony allegations of any kind can be overwhelming, yet those facing charges for a gun crime can be met with particular challenges. Florida’s tough legal stance on gun laws and gun-related crimes can lead to severe sentencing and penalties for those convicted of a gun crime. For this reason, it is especially imperative that you work with an experienced and qualified Port Charlotte gun crimes lawyer as soon as possible if you’ve been charged with a gun crime.

By hiring a skilled attorney as early as possible, you give your lawyer an opportunity to begin gathering evidence and valuable eye-witness testimony that could be key to your defense. The attorneys at Ruhl & Lux, P.A. can help you fight your case and potentially avoid a conviction.

Port Charlotte Gun Crimes Representation and Defense

The lawyers at Ruhl & Lux, P.A., offer judgment-free representation to all our clients, regardless of the charges you are facing. We believe every individual has a right to a skilled and qualified defense lawyer, and we work diligently in every case to obtain the most favorable outcome possible. Our attorneys have gone before many judges in court and understand how to present your case in the most effective way possible.

Those facing gun crime allegations risk potentially devastating consequences if convicted. Your future freedoms depend on the decisions you make today. Protect your future by contacting a qualified gun crimes attorney, and begin the work of safeguarding your reputation, your record, and your rights.

What Are Gun Crimes in Florida?

The relationship between Florida’s gun laws and protected gun rights and its statutes regarding penalties for gun-related crimes is both complex and nuanced. For instance, Florida issues more concealed carry permits than any other state in the country – and twice as many as Texas, which ranks second. However, Florida law maintains very strict rules and regulations regarding who is allowed to carry a gun, how to obtain proper permitting, and when a gun can be discharged.

Despite its legal allowances, Florida takes gun crime very seriously. Wielding or discharging a firearm in any unlawful manner could lead to severe punishments. The following violations represent the most common gun crimes in the state:

• Unlawful possession. Not every citizen reserves the right to possess a gun or other firearm. Convicted felons, minors, and persons who have a restraining order against them are prohibited from owning or carrying a gun.
• Carrying a concealed weapon without a permit. Carrying a concealed weapon requires a permit. Even if you bear the right to possess a firearm, concealing it would constitute a crime if you do not hold the appropriate permit allowing you to do so.
• Improper exhibition. Even if you legally own a gun and hold the appropriate permits to lawfully carry it, you must follow state regulations outlining its use. Displaying a firearm carelessly, in a threatening manner, or while angry in a situation that does not require self-defense all constitute a criminal act.
• Publicly discharging a firearm. Firing a gun in any reckless manner or on public grounds, residential property, or other unlawful places is prohibited and could carry heavy fines. Special attention must be paid to this statute by hunters, as they could face criminal charges for firing their gun in close proximity to a home or public property.
• Aggravated assault with a firearm. Simple assault moves up to an aggravated charge when a deadly weapon, such as a gun, is used. This is true whether the gun was integral in carrying out the assault or not.
• Armed felonies. Using a firearm while committing particular felonies, such as robbery, drug trafficking, or kidnapping, incurs additional charges and penalties. Once again, the use of the gun does not have to play a substantial role in executing or attempting the felony, as the mere presence of the firearm is enough to incur additional penalties.

Florida’s 10-20-Life Law

As part of Florida’s approach to gun-related crimes, the state enacted its “10-20-Life” law to impose strict penalties on felonies that involve the use of a firearm. As a key component in the state’s efforts to take a serious stance on these crimes, the law establishes mandatory minimum sentencing. The following represents the statute’s provisions:

• 10-year minimum. The law sets a minimum ten-year sentence for any individual who pulls a gun or other firearm while committing certain felonies. Because the gun-related action is merely possession, this effectively establishes an overall ten-year minimum sentence for all gun-related crimes in the state.
• 20-year minimum. The minimum sentence increases to 20 years for any individual who discharges a firearm while committing certain felonies.
• 25-year minimum to life. Individuals will face a minimum of 25 years up to a life sentence in prison for injuring or killing another person with a firearm while committing certain felonies.

While the law applies to a wide range of crimes, the following felonies represent the most common violations subject to the statute’s minimum sentencing:

• Robbery
• Burglary
• Kidnapping
• Sexual battery
• Murder

Aggravated assault and aggravated battery can incur the law’s minimum sentencing, as well, when the deadly weapon used in the crime is a firearm. Any felony that involves the use of or threat of violence towards another person will be subject to the state’s minimum sentencing when a firearm is present or used in any way.

Additionally, the law enhances certain penalties for individuals with prior convictions. Ultimately, the law is integral to the state’s efforts to curb gun-related crimes through greater punitive measures. For these reasons, it is imperative that you work closely with a skilled gun crimes lawyer who can fight for you to minimize or avoid convictions, especially when the use of firearms is alleged.

What Is Florida’s Stand Your Ground Law?

Florida maintains a significant legal doctrine known as “stand your ground” that impacts how the state treats self-defense claims. Under “stand your ground,” Florida allows individuals the use of force, including deadly force, if there is a reasonable expectation or belief that death or great bodily harm to themselves or others is imminent. Similar force may be used to prevent a felony in progress as well, under certain conditions.

The most distinguishing aspect of Florida’s doctrine is the elimination of the duty to retreat. In most states, an individual is legally required to attempt to avoid conflict by retreating from the situation if it is safely possible to do so. Under “stand your ground,” you are no longer required to flee if you are in a place you have a lawful right to be in before you are permitted to use force to defend yourself or others.

There are limitations to this defense, however, as the law does not permit you to use force while engaging in illegal activity, while in a place in which you have no right to be, or if the dangerous situation was somehow self-provoked. If you believe you lawfully used force with a gun or other firearm and are being charged with a crime, consult with your attorney to discover your options.

What Can You Expect From a Great Criminal Defense Lawyer?

Hiring the highest quality criminal defense lawyer you can is crucial to securing your freedom and avoiding conviction, especially when defending allegations as serious as gun charges. The ideal lawyer understands the many complex and nuanced laws and has the skills needed to apply their experience towards building an effective defense. Among their skills, great criminal defense lawyers have:

• Comprehensive knowledge of criminal law. Our defense lawyers have thorough knowledge of gun crime and other aspects of criminal law. Additionally, our team is very familiar with the court system and the local judges and personnel. All this can improve the development of tailored defense strategies.
• Clear communication skills. Being able to clearly and effectively communicate with various kinds of parties, including clients, judges, juries, and opposing prosecution, is highly essential, as it impacts every facet of the legal process.
• Critical-thinking skills. The ability to assess a situation, understand its components, and consider the options is a vital skill to have in an attorney.
• Careful attention to detail. Top lawyers meticulously plan and prepare for every possible aspect of a case, including potential prosecution tactics, engage in thorough evidence analysis, and review every related rule and regulation.
• Confident negotiation skills. Successful criminal defense attorneys should be able to negotiate effectively to secure favorable deals and present persuasive arguments to both judges and juries.
• Compassionate representation. Criminal defense lawyers should prioritize client care. Facing gun crime charges is challenging, no matter who you are. Quality lawyers understand this and provide judgment-free representation across a wide range of criminal defenses.

Your lawyer should possess a diverse range of skills and knowledge that they can leverage to provide aggressive advocacy and comprehensive counsel. The lawyers at Ruhl & Lux, P.A. have decades of combined experience helping clients.

Your Port Charlotte Gun Crimes Attorney

Protecting your future is imperative if you are facing gun crime charges. Because of the potential penalties you face, it is highly recommended you partner with a gun crime attorney at the earliest opportunity. This ensures you can start building your defense and have the greatest chance of mitigating your charges and minimizing the subsequent penalties.

If you are being charged with a gun crime in Charlotte, Sarasota, or Desoto Counties contact our office today to speak with one of our experienced attorneys at Ruhl & Lux, P.A. Call 941-505-7845 or 855-784-5529 today.