Under Florida Law, knowingly carrying a concealed firearm without the requisite license and permit is considered to be a third degree felony. This means potential punishments include up to 5 years in prison, up to 5 years probation, and up to $5,000 in fines. If convicted, you also face a third degree felony appearing on your permanent criminal record.
If you have been charged with carrying a concealed firearm, don’t lose hope. Trusted criminal defense attorney Ron Herman knows that a criminal charge is not the end. There are ways to successfully mount a defense to all charges. With extensive experience in the criminal justice system, Attorney Herman is here to help you fight all criminal charges.
What Needs to be Proven for a Carrying a Concealed Firearm Charge to Become a Conviction?
In order for you to be convicted of carrying a concealed firearm, the State has the burden of proving several different elements, including:
- You knowingly carried the firearm: this means that you were aware of the fact that you had a firearm in your possession. The state does not need to prove that you intended to hide or conceal the firearm.
- The firearm was on or about your person: This can mean that the firearm was physically on your person or that the firearm was readily accessible to you.
- The firearm was concealed from ordinary sight: If someone was to casually observe you as one would in the ordinary course of life and they could not see that you were carrying a firearm, this would mean it was concealed form ordinary sight. This means that a firearm does not have to be completely hidden from view to meet this element of the crime.
What are the possible defenses to a Carrying a Concealed Firearm Charge?
There are several ways to beat a carrying a concealed firearm charge. One such way is to show that the specific instance falls under an exception and, thus, criminal liability should not attach. The three main exception are:
- Concealed weapons permit: These are issued by the State of Florida and allow an individual to lawfully carry a concealed firearm. Florida also allows out-of-state visitors to carry a concealed firearm if they have a valid license issued by their home state and their home state offers concealed carry reciprocity.
- Home and place of business: A person is allowed to carry a concealed weapon at home or their place of business. A person does not have to actually own the business for this to be lawful.
- Private conveyance: If you are 18 years or older, you can possess a concealed firearm without a license for self-defense or another lawful purpose if it is inside a private conveyance and the firearm is securely encased or not readily accessible.
If a particular instance does not fall under one of these exceptions, there are still possible defenses to be successfully mounted, including:
- Lack of the requisite “possession” element;
- Lack of proof as to the requisite “knowledge element;
- The firearm was not readily accessible; and
- The firearm was within ordinary sight.
Criminal Defense Attorney Fighting Weapons Charges for You.
A weapon charge of any sort can carry substantial penalties and leave a lasting mark on your permanent record. Attorney Ron Herman is here to do anything in his power to stop that criminal charge from becoming a conviction. Contact Herman Law, P.A. today.