Facing firearms charges in Miami or Broward County is no small matter. Florida law takes a strict stance on gun crimes—especially those involving unlawful possession, concealed carry without a permit, or firearm use during another offense. If you’ve been arrested for a gun-related offense, your first step should be hiring an experienced criminal defense attorney.
Many firearms offenses carry mandatory minimum prison sentences. For example, possession of a firearm by a convicted felon can lead to a 3-year minimum sentence under Florida’s 10-20-Life law. Other common charges include brandishing a weapon in public, illegal gun sales, or carrying without a concealed weapons license. Each of these charges demands an aggressive and strategic legal defense.
At Beaton Law Firm, we start with a deep review of the arrest, any constitutional violations, and how evidence was obtained. If your rights were violated at any point, we fight to have the evidence thrown out and the case dismissed. We’ve helped many clients in Coral Gables, Miami, and throughout Broward County avoid harsh penalties through smart, early legal action.
Identify the Specific Firearms Charge
“Gun charge” can describe very different allegations, including possession, carrying, transfer, use during another offense, or possession by a person who is legally prohibited from possessing a firearm. The elements, defenses, and sentencing exposure depend on the statute charged and the facts alleged. The Florida statute addressing possession by certain convicted felons is one example; it does not apply to every firearms case.
Search, Possession, and Identification
A defense review may ask who controlled the location, who had access to the firearm, how it was identified, whether it was operable, and how police found it. The circumstances of a stop, consent, warrant, search, or statement may also matter. Do not assume that proximity alone resolves the legal issue.
Preserve Conditions and Evidence
Keep the arrest paperwork, release conditions, property receipts, photographs, messages, and names of witnesses. Do not contact an alleged victim or discuss the case online. Counsel should confirm the next court date, any no-contact or weapons restrictions, and the evidence needed to evaluate the charge.
Identify the Exact Firearms Allegation
A firearms case may concern possession, carrying, transfer, use, a prohibited-person allegation, or an allegation connected to another offense. The statute charged and the specific facts matter. Preserve the arrest paperwork, property receipt, reports, photographs, messages, and names of potential witnesses. A record should identify where the item was found, who had access to that location, how it was described, and whether any video or physical evidence may provide context.
Review the Search and Court Conditions
The circumstances of a stop, consent, warrant, search, or statement can be relevant to a factual and legal review. Keep release conditions and weapons restrictions in a dated file and follow them as written. The Florida statute on possession by certain convicted felons is one example of a firearms provision; it does not apply to every case.
Keep the property receipt and any court-issued restriction with the source records for review. Note the date and issuing agency.