The Broward Criminal Lawyer online magazine was recently asked about Florida law pertaining to crimes committed where a weapon is alleged to have been used.
Q: What are considered weapon offenses in Broward County? Does it matter what the weapon was?
weapon offenses published in the Broward Criminal Lawyer.
A. Any Broward criminal lawyer will tell you that Florida has strict laws regarding the purchase, possession, carrying, and use of firearms and weapons. Florida's weapon offenses can be categorized into two categories. The first deals with specific crimes based on improper possession, purchase, and/or use of firearm or weapon. The other category is weapons and firearm enhancements, which deals with using of firearm in violent crimes such as robbery, aggravated battery, and aggravated assault and so on. The penalties for the second category are 10-20-Life, which are severe penalties including minimum mandatory prison sentence of 10 or 20 years, or life sentences. Here we shall discuss the first category, covering some of the usual Florida weapons offenses. – William Moore Criminal Defense Broward Florida
Understanding Different Types of Weapon Offenses: The Broward Criminal Lawyer
Carrying a Concealed Weapon
Broward criminal lawyer William Moore explains that the term Weapon is legally defined as any deadly weapon including a club, metallic knuckles, dirk, sling shot, chemical device or weapon, and tear gas gun and so on. It can also include object/s that are not usually considered weapons, if the jury decided that such object/s were being carried with the intention of being used as weapon/s. The weapon offenses of carrying a concealed weapon is committed when the person without having a Concealed Weapons Permit, knowingly carries the weapon, by concealing it on his or her person, so that another person is unable to see it in plain sight. This offense is a first degree misdemeanor punishable with a fine of up to $1,000, up to a year on probation, one year in county jail, or any combination of these penalties. – Fort Lauderdale Defense Lawyer
Carrying a Concealed Firearm
The offense of carrying a concealed firearm is committed when a person without a Concealed Weapons Permit, intentionally carries a firearm on his or her person in a concealed manner so that it is not seen by another person. This offense is a third degree felony, punishable with up to $5,000 fine, five years’ probation, five years in jail, or any combination of these penalties.
Improper Exhibition of a Weapon
In this offense, the person should have carried a firearm or dangerous weapon and exhibited it in a threatening, angry, rude, or careless manner, in the presence of person/s. This crime has a first degree misdemeanor charge punishable by up to $1,000 fine, one year probation, one year jail time, or any combination of these penalties.
Weapon offenses of Possession or Discharge of Destructive Device
According to concealed weapon offenses attorney in Fort Lauderdale, a destructive device can legally include any of the following:
Any explosive device like grenade, bomb, rocket, mine and so on, or poison gas, or incendiary device
Any breakable container filled with explosive, incendiary substance or gas, designed to explode
Any parts used for the construction of a destructive device
Any device termed by Bureau of Alcohol, Tobacco and Firearm to be a destructive device
Any weapon or device that expels a projectile by the use of explosive, having a bore of minimum half inch diameter
Any destructive device ammunition other than shotgun shells or ammunition used in firearms
The crime is committed when a person unlawfully and intentionally, possesses, makes, places, projects, throws or discharges any destructive device, or attempts to do any of these actions. The offense is punishable depending on the severity of the crime and circumstances of the case. If the discharge of destructive device causes death of a person, it is a capital offense punishable by death or life sentence without possible parole. When the offense results in causing injury or damage it carries a minimum prison sentence of 34 and half months, including any combination of additional three penalties including fines and up to 30 years imprisonment. When the offense was with the intent to injure or damage, the charge is second degree felony. Simple possession or discharge of destructive device is a third degree felony.
Convicted Felon Possessing Firearm
This crime occurs when a person who is a convicted felon in Florida possesses or constructively possesses a firearm. Actual possession carries a mandatory minimum term of three years jail time, and additional fines and up to 15 years in prison.
By William Moore