Firearm Defense

Our knowledgeable defense team can provide you with the answers you need, help you stay out of jail, safeguard your professional reputation, and support you in putting your family back together after such a traumatic event.

Throughout the Orange County and Southern California area, Ms. Peters and the team at HJP Legal provide the best representation to clients facing firearms offenses. Find out how we can help by contacting our office anytime, 24/7 at (949) 340-0102.

Southern Florida Firearms Offenses

Florida takes gun crimes and weapons offenses very seriously, with robust prosecution efforts in both state and federal systems. If convicted, these crimes can result in severe punishments, including mandatory minimum prison sentences in many cases. The penalties for firearms-related offenses in Florida are significant, and it is crucial to have a strong legal defense to protect your rights and minimize the potential consequences of a conviction.

The team at HJP Legal provides representation for individuals facing charges related to weapons offenses and other offenses such as theft, assault, or other crimes involving the use or possession of firearms or other weapons. Our veteran attorneys are well-equipped to defend clients facing a wide range of weapons-related charges, offering skilled legal guidance and advocacy throughout the legal process.

Federal and State criminal laws in Florida extensively regulate the ownership, possession, and purchase of firearms and ammunition. These laws include various topics, including eligibility for ownership, types of weapons that can be bought or possessed, and the legal procedures for buying or selling firearms.

In addition to federal laws, Florida state law includes a range of weapons-related offenses, varying in severity from misdemeanors to serious felonies. Some examples of these offenses include:

• Possession of an Illegal Firearm
• Carrying a Concealed Weapon
• Improper Exhibition of a Weapon
• Assault with a Deadly Weapon
• Possession of a Firearm Weapon by a Convicted Felon
• Possession of a Stolen Firearm
• Possession or Discharge of a Destructive Device

The “Use a Gun, and You’re Done” slogan is well-known in Florida, highlighting the severe penalties under the State’s 10-20-Life statute. This law mandates automatic sentences upon conviction, including ten years for pulling out a gun during the commission of a crime, twenty years if a gun is fired, and a mandatory minimum of 25 years to life for shooting someone during the commission of a crime. The use or mere display of a gun, without firing it or threatening its use, can trigger this law and result in reclassification of the underlying felony, leading to significantly increased penalties upon conviction.

The federal government also has a comparable statute imposing a mandatory minimum sentence of five years if a firearm is used or carried in connection with a violent or drug trafficking offense. If the firearm is brandished during the crime, the mandatory minimum sentence increases to seven years, and if the firearm is discharged, the court is required to impose at least ten years in prison upon conviction.

These sentence enhancements can apply even to convictions for attempt or conspiracy, even if the actual underlying crime was not committed.

Authority of Prosecutors and Judges in Weapons Offenses From Coast to Coast – in Southern California and Southern Florida

The Supreme Court has established that judges must maintain some level of discretion in sentencing, even when provided with a range of permissible sentencing options. While acquittal may not be possible, a skilled attorney can still advocate for the imposition of the minimum sentence allowed by law. Without competent legal representation, you could face the risk of receiving severe sentences ranging from ten to twenty years or even life in prison for a weapons violation.

In practice, mandatory sentences for weapons offenses have resulted in a significant transfer of power from the judge to the prosecutor. The prosecutor is responsible for determining the specific charges to be brought, including whether to seek a mandatory sentence or not, as there are often multiple ways in which an offense can be charged. This has resulted in the prosecutor having a considerable influence over the outcome of a case involving weapons offenses.

A proficient and veteran criminal law attorney can potentially influence the prosecutor even before charges are filed by pointing out the challenges in proving a specific set of charges. Through negotiations or legal strategies, the defense lawyer may be able to have certain charges dismissed or influence which charges are ultimately brought, even without reaching a plea bargain. This underscores the importance of skilled legal representation in navigating the intricacies of criminal charges and their potential impact on the outcome of a case.

Legal Representation for Florida and California Weapons Offenses

If you currently face charges for a firearms violation or other weapons offense in Southern California or South Florida, or if you have been charged with any crime that involves the possession, display, or use of a handgun or other weapon, seeking advice and representation from Halley J. Peters of HJP Legal is crucial.

Our skilled and veteran California and Florida criminal defense team can provide you with expert legal guidance and representation to protect your rights and advocate for the best possible outcome in your case.

Our firm serves people in Southern California (Orange, San Bernardino, Riverside, San Diego and Los Angeles counties) and South Florida (Miami-Dade, Broward, and Palm Beach).

Learn what HJP Legal can do for you. Please call us 24/7 at (949) 340-0102 for a complimentary consultation.

Remember that with Halley, no concern is too small.