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In the State of Florida, Deadly Weapons - Firearm Crimes are serious criminal offenses that are aggressively prosecuted to the full extent of the law.
When certain felony crime charges include the use of a firearm it is important to know that the State of Florida has the 10-20-Life Statute (775.087) which mandates:
In order to obtain a conviction for arson the prosecution must prove THEIR THEORY OF THE CRIME beyond a reasonable doubt. If the defense presented by your attorney at trial causes just one jury member to have reasonable doubt as to the accused guilt of committing a weapon - firearm related crime, as it relates to the current trial, the accused cannot be found guilty. If the jury believes that your defense was more credible or viable than the prosecution's case, than you may be acquitted of all charges.
If you have been charged with a weapon - firearm crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.
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ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
Firearm and weapons charges in Florida encompass various offenses related to the possession, use, and carrying of firearms and other weapons. These charges can include illegal possession of a firearm by a convicted felon, carrying a concealed weapon without a permit, unlawful discharge of a firearm, possession of a weapon during the commission of a crime, and more. Additionally, Florida has strict laws governing the use of firearms in the context of crimes such as armed robbery, assault with a deadly weapon, and attempted murder. The severity of penalties for these charges can range from misdemeanors to felonies, with consequences that may include fines, probation, mandatory minimum sentences, and loss of gun rights.
Penalties for firearm and weapons convictions in Florida can vary widely depending on the specific charge and circumstances of the case. Here are some potential penalties associated with firearm and weapons convictions:
It's essential to consult with a criminal defense attorney who specializes in firearms and weapons charges in Florida to understand the specific penalties associated with your case and to explore potential defenses or mitigating factors that may apply to your situation.
In Florida, individuals with felony convictions typically lose their right to possess firearms. Florida law prohibits convicted felons from possessing firearms unless their civil rights, including firearm rights, have been restored. Firearm possession by a felon is a serious offense and can result in additional criminal charges. However, some individuals with felony convictions may be eligible to have their civil rights restored, which can include the right to possess firearms. The process for restoring these rights involves applying for clemency or a pardon from the Florida Executive Clemency Board. It's crucial to consult with an attorney familiar with Florida's firearm laws and the clemency process if you are seeking to regain your firearm rights after a felony conviction.
Yes, it is possible to have your firearm rights restored after a felony conviction in Florida, but the process can be complex and challenging. To have your firearm rights restored, you typically need to apply for clemency or a pardon from the Florida Executive Clemency Board. This involves submitting an application, which will be reviewed by the board. The decision to grant clemency and restore your firearm rights is discretionary, and there are no guarantees. Factors considered include the nature of your felony conviction, your criminal history, the circumstances of your case, and your behavior since the conviction. It's advisable to consult with an experienced attorney who can guide you through the process and increase your chances of a successful clemency application if you're seeking to have your firearm rights restored in Florida.
Florida's "stand your ground" law is a self-defense statute that allows individuals to use force, including deadly force, to defend themselves or others without a duty to retreat if they reasonably believe that such force is necessary to prevent death, great bodily harm, or the commission of a forcible felony. This law applies not only to self-defense situations involving firearms but also to other weapons-related cases. It essentially means that if you are in a place where you have a legal right to be and you believe that you or someone else is facing imminent danger, you can use force, including deadly force, to protect yourself or others. However, the use of force must be reasonable and proportionate to the threat perceived. The application of the "stand your ground" law can be complex and depends on the specific circumstances of each case, so it's essential to consult with an attorney who is familiar with Florida's self-defense laws if you find yourself in a weapons-related legal situation.
In Florida, there are exceptions and defenses for carrying a concealed weapon. The most common exception is obtaining a valid concealed carry license, which allows individuals to carry concealed firearms legally. Other exceptions may include carrying a concealed weapon within one's own home or place of business without a license, provided the individual has legal ownership or control of the property. Additionally, certain law enforcement officers, active-duty military personnel, and other authorized individuals may be exempt from the concealed carry licensing requirements. It's important to note that even with a concealed carry license, there are restrictions on carrying weapons in certain locations, such as schools, government buildings, and airports. Being aware of these exceptions and restrictions is crucial to avoid legal issues related to carrying concealed weapons in Florida. If you have questions or face legal challenges, consulting with an attorney experienced in Florida firearms laws is advisable.
In Florida, eligibility for a concealed carry permit (Concealed Weapon or Firearm License) is generally restricted for individuals with certain criminal records. If you have been convicted of a felony, you are typically disqualified from obtaining a concealed carry permit. This disqualification remains in effect until your civil rights are restored, including the right to possess firearms. Misdemeanor convictions related to domestic violence may also disqualify you from obtaining a concealed carry permit. Additionally, individuals with certain types of restraining orders or injunctions against them may face restrictions on obtaining such permits. It's crucial to note that Florida's laws surrounding firearm ownership and concealed carry permits are complex, and eligibility can vary depending on the specific circumstances of your criminal record. If you have questions or concerns about your eligibility, it is advisable to consult with an attorney experienced in Florida firearm laws to assess your individual situation.
If you are facing a mandatory minimum sentence for a weapons charge in Florida, it's essential to seek legal counsel immediately. Mandatory minimum sentences are rigid and unforgiving, often leaving judges with limited discretion. A skilled criminal defense attorney can evaluate your case, explore potential legal defenses, negotiate with prosecutors, and work to secure the best possible outcome for your situation. Your lawyer may also assess whether any mitigating factors or alternative sentencing options could be argued in your favor. In some cases, it might be possible to challenge the legality of the search and seizure that led to the weapons charge, which could result in evidence being suppressed. Your attorney's knowledge of Florida's firearm and weapons laws is crucial in navigating the complexities of your case and striving to achieve the most favorable resolution possible.
In the State of Florida, aside from firearms, various items can be considered deadly weapons when used or carried with the intent to harm another person. These can include but are not limited to knives, switchblades, brass knuckles, batons, blackjacks, certain types of martial arts weapons, and any object that can inflict significant harm when used aggressively. The classification of an item as a deadly weapon often depends on how it is used or intended to be used in a particular situation. Possession or use of such items with intent to harm can lead to charges related to carrying a concealed weapon, aggravated assault, or other weapons-related offenses, subject to Florida's laws and penalties. It's crucial to understand the specific laws regarding weapons in Florida to avoid unintentional legal violations.
6700 Florida Ave S, Lakeland, FL 33813
Phone: 863.709.0808
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