Most of the time, using a firearm in the commission of the crime will increase the severity and penalty involved in the offense. For example, Robbery is a second degree felony, punishable by up to fifteen years. Robbery with a firearm is a first degree felony punishable by life.
Under Florida law, using a firearm during a crime carries certain minimum penalties. If someone is in possession of a firearm while committing a felony, there is a ten year minimum sentence. If the gun goes off while the crime is being committed, there is a twenty year minimum sentence. If someone is hurt as a result of the gun going off, the minimum penalty is twenty-five years to life in jail. This is called the 10-20-life statute.
Carrying a concealed firearm without a license is punishable by up to five years in jail.
If someone is a convicted felon and is in possession of firearm they can be imprisoned for up to fifteen years with a three year minimum.
If someone points a gun at someone, they can be charged with aggravated assault which carries a three year minimum.
Did you know?
Your constitutional right to possess a firearm is heavily regulated by statutes which do not allow you to carry that firearm without a permit. You can carry a gun in your car if it is securely encased or if it is not readily accessible. This is very confusing area of the law, which often leads to wrongful prosecutions. Williams and Trese have litigated and have been successful in many Motions to Dismiss these types of charges.
When a gun is fired, it leaves specific grooves on the bullet or the casing that it expels. These grooves are like a fingerprint and can be used to match a gun to a bullet that was fired from it.
When a gun is fired, it leaves a microscopic substance called gunshot residue. Gunshot residue testing can be used to see if a person recently fired a weapon or not.
Gunshot wounds create a type of burn, known as stipling, on a person who has been shot when the gun was in close proximity when fired.
Whether you need to challenge a prosecution which involves your lawful right to carry a firearm, or challenge a serious crime involving the use of a gun, The Law Offices of Teresa Williams has the type of experience you need to get the best result. Teresa Williams has tried numerous homicide and attempted murder cases which involve guns, and have extensively dealt with the types of forensic, or physical evidence that you can call upon to defend your case. Call now to schedule a free consultation with Teresa Williams to see what types of evidence may be present in your case to disprove the allegations made against you today.