Delray Beach Felony Weapon Charges Lawyer

Felony Weapon Charges Attorney in Delray Beach, FL

Florida’s weapon laws are generally seen as lenient, but certain situations can result in a severe felony weapon charge. Depending on the details of your case, you could end up facing serious prison time and significant fines if convicted. A knowledgeable Delray Beach felony weapon charges lawyer can work to develop a solid defense strategy built on the facts and evidence of your case and offer legal counsel throughout the process.

The legal team at The Law Offices of Julian M. Kessel recognizes the complexities of a felony weapon charge case. The last thing you want is to end up facing years in prison because you failed to hire a Delray Beach felony weapon charges attorney to oversee your case. Having someone in your corner who understands the state’s felony weapon charge laws can often mean the difference in the outcome of a felony case. We can provide you with options.

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Common Defense Strategies Against Felony Weapon Charges

When you are facing a felony weapon charge in Delray Beach, your case is heard at the Palm Beach County Main Courthouse in West Palm Beach, as such a case falls under the jurisdiction of the 15th Judicial Circuit Court. Your case is prosecuted by the State Attorney’s Office. Firearm crimes accounted for 10.7% of all criminal sentences in Florida in 2024, and 2,522 firearm cases nationwide resulted in a conviction that same year.

There are many different situations that can turn a weapon charge into a felony case, including possessing a firearm as a convicted felon or committing aggravated assault with a deadly weapon. Such charges can lead to felony criminal convictions and harsh legal penalties that include prison time. It’s important to have a strong defense strategy and help from an aggressive, passionate, and zealous defense lawyer. Here are some common defenses:

• Illegal search. It’s always important to keep in mind that you are protected from unlawful search and seizure by the Fourth Amendment. Law enforcement officials need either a valid search warrant or probable cause to search you, your vehicle, or your home. If they proceed with a search without either a warrant or probable cause, any evidence gathered during that search can end up suppressed for being obtained unlawfully.
• Lack of intent. If the prosecution wants to secure a conviction, they need to be able to prove guilt beyond a reasonable doubt, and that’s not easy to do without first proving intent to commit a crime. Your lawyer may be able to argue that the weapon in question wasn’t yours and that you had no prior knowledge of its existence. This can be a strong defense if the weapon was found in a car you borrowed.
• Self-defense. One of the most common defenses used in a weapons case is self-defense. Obviously, you won’t always be able to claim self-defense, especially if the case involves possession, but you can use it to justify violent actions against someone. To use this defense, you need to prove that you acted the way you did because you believed you were in immediate danger.
• Legal possession. This whole situation can be cleared up fairly easily if you can prove that you are legally allowed to possess the weapon in question. This defense is available when you have a valid concealed weapon permit, and you are not a convicted felon.
• Inoperable weapon. In some cases, you may be able to argue that, while you did have a firearm in your possession, the firearm was inoperable and could not be fired. This may call into question whether the firearm is legally considered a weapon if it can’t fire and you weren’t brandishing it as a blunt object. Your lawyer can build this into a valid defense.

FAQs

Q: Can a Lawyer Get Felony Charges Dropped in Florida?

A: Yes, a lawyer can get felony charges dropped in Florida, but it is not easy, and there are never any guarantees. Your lawyer can challenge the prosecution’s evidence against you, question the legality of your arrest, and expose constitutional violations that may have taken place. These actions can sometimes result in the prosecution dropping the charges against you or at least reducing them to a lesser charge.

Q: What Happens if a Felon Gets Caught with a Firearm in Florida?

A: If a felon gets caught with a firearm in their possession, they may be charged with second-degree felony charges that are punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000. They will have to serve a mandatory minimum sentence of three years in prison regardless. This law applies not just to firearms, but also to ammunition and electric weapons.

Q: Do First-Time Felony Offenders Go to Jail in Florida for a Weapons Offense?

A: Yes, first-time felony offenders can go to jail in Florida for a weapons offense. While the court can sometimes be lenient on first offenders, some crimes are too serious to take that into account. Some felony offenses have mandatory minimum sentences attached to them, and a conviction will mean serving that time regardless of whether it’s your first offense or not. You should hire an experienced defense lawyer to make a plan.

Q: Do Judges Take It Easy on First-Time Offenders in Florida?

A: Judges do not always take it easy on first-time offenders in Florida. Such grace is usually reserved for non-violent offenders and situations where the offender shows genuine remorse and understanding. In lieu of jail time, the judge may offer probation, community service, or a diversion program. However, if the offense is violent and resulted in someone’s injury or death, the judge will likely not take it easy on them.

Hire a Felony Weapon Charges Lawyer Today

When you are looking at significant prison time for a weapon charge, you should hire a felony weapon charges lawyer to oversee your case and build your defense. Julian M. Kessel has spent over half a decade helping clients as they work through their criminal defense cases. He and his team can bring experience and devotion to your case. Contact the firm to speak to a member of his team about the details of your case.