Our Miami gun charge lawyers at Hager & Schwartz, P.A. represent clients throughout all of Miami-Dade County and are thoroughly dedicated to representing their rights and interests. We provide legal expertise, specializing in the intricate realm of weapon charges defense. With a deep understanding of the intricacies of Florida's firearm laws, our firm is dedicated to protecting the rights and interests of their clients facing weapon-related offenses.

We will give you and your case the personalized attention and aggressive representation you need in order to have the greatest opportunity of reaching a positive outcome. We offer an immediate case evaluation with an attorney at our firm in order to review your charges and discuss your criminal defense representation.

If you are facing a weapons charge, contact our Miami gun charge attorneys at (305) 330-1360 today!


Firearms offenses in Florida encompass a wide range of criminal charges related to the unlawful possession, use, or trafficking of firearms. These offenses are governed by the Florida Statutes Chapter 790, which outlines various regulations surrounding weapons, including firearms.

Common firearms offenses include:

  • Carrying a Concealed Weapon: This offense involves the carrying of a concealed firearm or other deadly weapon without a valid concealed carry permit.
  • Illegal Possession: Unlawful possession of a firearm by a convicted felon, minor, or someone subject to certain restraining orders.
  • Improper Exhibition: Displaying a firearm or weapon in a rude, careless, or threatening manner in public places.
  • Aggravated Assault with a Deadly Weapon: Threatening another person with a deadly weapon in a way that creates fear of serious bodily harm.
  • Illegal Discharge: Firing a firearm in public areas, endangering the safety of others.


Florida allows for concealed carry of firearms under certain circumstances. To legally carry a concealed weapon, individuals must obtain a concealed carry permit issued by the Florida Department of Agriculture and Consumer Services. The permit requires background checks, fingerprinting, and completion of a firearms training course.


According to Florida statutes §790.01 and §790.052, a person who carries a weapon that is not in plain view can be charged with Carrying a Concealed Weapon, which is a misdemeanor of the first degree, punishable by up to one (1) year in jail.


If the concealed weapon is a firearm, it can be charged as Carrying a Concealed Firearm, which is a third-degree felony, punishable by up to five (5) years in prison. This statute does not apply if a person has a valid license to carry a concealed weapon or a concealed firearm.


There are numerous types of weapons charges as well as weapon-related offenses. Weapons charges can vary widely, and each case demands a tailored defense strategy. Hager & Schwartz, P.A. is well-versed in tackling a variety of weapons charges.

Following are some of the types of cases our Miami gun charge attorneys can handle:

  • Unlawful Possession of a Firearm
  • Unlawful Possession of a Deadly Weapon
  • Illegal Firearm Sale
  • Unlawful Distribution of a Deadly Weapon
  • Unlawful Discharge of a Weapon
  • Assault with a Deadly Weapon
  • Battery with a Deadly Weapon
  • Brandishing a Firearm


Florida's "Stand Your Ground" law grants individuals the right to use deadly force in self-defense when they reasonably believe it's necessary to prevent imminent death or great bodily harm. This law eliminates the duty to retreat before using force and offers immunity from criminal prosecution or civil liability. Hager & Schwartz, P.A. has extensive experience in constructing defense strategies that involve "Stand Your Ground" claims.


The penalties for weapons and firearms charges in Florida can be severe, ranging from fines to incarceration. The severity of the penalties depends on factors such as the nature of the offense, the criminal history of the accused, and the presence of aggravating circumstances.

Below are the maximum penalties for each offense classification, presented in ascending order of severity:

  • Second-degree misdemeanor: Conviction can result in imprisonment for up to 60 days and a fine of up to $500.
  • First-degree misdemeanor: A guilty verdict may lead to incarceration for up to one year and a fine of up to $1,000.
  • Third-degree felony: Convicted individuals might face imprisonment for up to five years and a fine of up to $5,000.
  • Second-degree felony: The potential penalty includes imprisonment for up to 15 years and a fine of up to $10,000.
  • First-degree felony: A conviction can carry a sentence of up to 30 years in prison and a fine of up to $10,000.
  • Life felony: Individuals found guilty may be sentenced to life imprisonment and fined up to $15,000.
  • Capital felony: The most severe category, conviction can result in the death penalty as well as potential fines.

Our Miami weapons charges lawyers recognizes the importance of developing a strong defense strategy to mitigate or eliminate these consequences.


Florida's "10-20-Life" law imposes mandatory minimum sentences for certain firearm-related offenses. Under this law, if a firearm is used during the commission of a crime, there are mandatory minimum sentences of 10 years, 20 years, or 25 years to life in prison, depending on how the firearm was used. This law leaves little room for judicial discretion in sentencing, making it crucial for those facing charges to seek skilled legal representation.


Defending against weapon charges in Florida requires a thorough understanding of the law, a comprehensive assessment of the evidence, and strategic legal maneuvering.

Some common defenses that can be utilized in weapon charges cases in Florida include:

  • Lack of Knowledge or Intent: In some cases, a defense attorney might argue that the defendant was unaware of the presence of a weapon or had no intent to possess or use it unlawfully. For example, if a person borrowed a vehicle and was unaware that a weapon was hidden inside, they might have a valid defense based on lack of knowledge.
  • Unlawful Search and Seizure: The Fourth Amendment of the U.S. Constitution protects individuals against unreasonable searches and seizures by law enforcement. If the weapon in question was obtained through an illegal search or seizure, the evidence may be deemed inadmissible in court.
  • Self-Defense or Defense of Others: Florida's self-defense laws, including the "Stand Your Ground" law, allow individuals to use force, including deadly force, in self-defense or defense of others if they reasonably believe it's necessary to prevent imminent death or great bodily harm. A strong defense strategy might involve proving that the accused acted out of genuine fear for their safety.
  • Unlawful Police Conduct: If law enforcement officers acted improperly or violated the defendant's rights during the arrest, the defense may challenge the legality of the arrest or the collection of evidence, potentially leading to the dismissal of charges.
  • Constructive Possession: For a person to be convicted of possessing a weapon, the prosecution must establish that the individual had both actual and constructive possession. Constructive possession means the defendant had knowledge, dominion, and control over the weapon. A defense may challenge the evidence and argue that there was no constructive possession.
  • Procedural Errors: Errors made during the arrest, booking, or evidence handling process can provide grounds for a defense. For instance, if the chain of custody for the weapon is compromised, it could raise doubts about the integrity of the evidence.
  • Mistaken Identity: Mistaken identity can be a viable defense if the prosecution cannot prove beyond a reasonable doubt that the defendant is the person who committed the alleged offense.
  • Violation of Miranda Rights: If a defendant's Miranda rights (right to remain silent, right to an attorney) were violated during arrest or interrogation, any statements made by the defendant may be inadmissible in court.
  • Duress or Necessity: A defense of duress or necessity might be applicable if the accused can show that they were forced to possess or use the weapon due to a threat of harm or imminent danger.
  • Invalid Search Warrant: If law enforcement obtained a search warrant unlawfully or through false information, any evidence collected during the search may be excluded from trial.
  • Mental State Defense: In some cases, the defense may argue that the defendant was not of sound mind at the time of the offense, which could impact their ability to form criminal intent.
  • Entrapment: If law enforcement officers induced or coerced the defendant into committing a weapon-related offense that they would not have committed otherwise, an entrapment defense might be applicable.


Navigating weapon charges defense in Miami, FL demands a thorough understanding of Florida's firearm laws, an adept grasp of the intricacies of each case, and a commitment to protecting the rights and interests of the accused. Hager & Schwartz, P.A. stands as a formidable ally in this legal arena, armed with experience, knowledge, and a dedication to securing the best possible outcomes for their clients. Whether facing charges related to concealed carry violations, illegal possession, assault, or other firearm-related offenses, you can turn to Hager & Schwartz, P.A. for a steadfast defense that ensures justice is served.

Consulting an attorney as soon as possible will only benefit the outcome of your case. Call a Miami weapons charge lawyer at (305) 330-1360 or contact us online today!

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