Firearms Offenses in Miami, FL
Charged with a Firearms Offense?
A firearms offense is a crime in which the offender possesses or uses a
firearm in such a way that is prohibited by law. This category of offenses
includes crimes in which a firearm was not used during the commission
of another crime such as possession by a convicted felon or carrying a
concealed firearm. Firearms offenses are both State and Federal criminal offenses.
Some common firearms offenses include:
What are your rights after an arrest?
Being arrested for a firearms offense is serious and can have lifelong
consequences. The first thing to remember if you are arrested for such
a crime is how important it is to exercise your right to remain silent
and your right to an attorney. These rights, typically called Miranda
Rights, are a very powerful tool because, once they are invoked, law enforcement
MUST stop all questioning.
The right to remain silent is especially important because law enforcement
is not your friend if they are arresting you, and no matter how much they
will try to make it appear like they “only want to help” you,
once they have, anything you say, it will be used against you in court.
Similarly, the right to any attorney, which is an equally powerful right,
must be exercised upon your arrest. When one invokes their right to counsel,
all interrogation by law enforcement outside the presence of an attorney
is strictly prohibited. Of course, when invoking these rights, one must
do so in such a way that law enforcement will clearly understand the invocation
Associated Penalties for Crimes Involving Firearms
Even though firearms offenses range from being
misdemeanors (the least serious), to felonies (the most serious), an arrest for any
firearms crime has serious lifelong consequences. The possible penalties
for a firearms offense may include imprisonment ranging from one day to
as much as LIFE, or even DEATH in some circumstances, heavy fines, and
periods of probation. Florida state law and Federal law have also implemented
minimum sentences for Possession of a Firearm in Furtherance of a Drug Trafficking
Offense and subsequent offenses of Possession of a Firearm by a Convicted Felon.
Such mandatory minimum sentences include prison terms of 3, 5, 7, 10, 15,
20, 25, and 30 years or LIFE imprisonment. In addition to these legal
penalties, a firearms offense conviction can have other serious consequences.
A conviction for a gun crime will affect employment opportunities as most
employers run background checks before hiring and often do not even give
persons with criminal records a chance for an interview much less employment.
In addition, under Federal and Florida law, if someone is convicted of
a felony crime involving firearms, he or she may no longer possess and/or
purchase a firearm. Worse, in Florida, one convicted of a felony firearms
offense loses the right to vote in the State of Florida. It may also impact
an individual’s ability to keep or obtain a professional license
such as a license to be a doctor, lawyer, teacher, or law enforcement
officer. A criminal conviction, especially a felony conviction, even though
totally unrelated to the practice of any profession, may even result in
the permanent revocation of the license.
State firearms offenses are investigated and prosecuted by the local sheriff,
local police departments, the Florida Department of Law Enforcement, the
Florida Highway Patrol and the State Attorney’s Office. Federal
firearms offenses are investigated and prosecuted by various agencies,
including the FBI, DEA, Homeland Security, ATF, and the Department of Justice.
Get the top-rated criminal defense strategy that you both need and deserve by
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