What Are Firearm Sentence Enhancements?
If you are charged with and convicted of a crime involving a firearm, you will likely be facing penalties that come with a “firearm enhancement.” What does this mean?
In short, “enhancements” to any charges or sentences in Florida mean that the offense is made more serious by an enhancing factor. Often, the use of a firearm in a criminal offense can be an enhancing factor, but other enhancing factors in criminal cases can include, for example, the specific location where a crime occurs (such as a school or an airport), or the identity of the person against whom the crime has allegedly been perpetrated (such as an elderly person or a person with disabilities or a law enforcement officer). Enhancements to offenses can also occur when a person has a criminal record.
What are firearm enhancements specifically? They result in an offense being upgraded, essentially, to a more serious charge or coming with more serious penalties. Our Tampa firearm and weapons charges defense lawyers can explain in more detail.
Possession, Use, or Display of a Firearm During a Felony Offense
Under Chapter 790 of the Florida Statutes, if you commit a felony offense, and during the commission of that felony offense you do one of the following, you will likely face a firearm “enhancement” that will result in a more serious charge:
- Possess a firearm, even if you do not show it or attempt to use it;
- Displays a firearm;
- Uses a firearm; or
- Threatens or attempts to use a firearm.
Depending on the specific facts of the case, possessing, displaying, using, attempting to use, or threatening use of a firearm during the commission of another felony offense (such as a drug offense or a theft offense) can result in either a second-degree felony or first-degree felony charge.
Firearm Enhancements and Florida’s 10-20-Life Law
In addition to potential enhancements related to a felony offense that additionally involves a firearm as discussed above, it is essential to know that Florida’s “10-20-Life” law involves strict and severe sentencing when certain felony offenses are committed and a firearm is possessed or discharged.
Generally speaking, under Section 775.087 of the Florida Statutes, possession of a firearm during the commission of specific felony offenses comes with a mandatory 10-year prison sentence. The mandatory sentences increase for the discharge of a firearm (mandatory 20-year prison sentence) and discharge of a firearm that results in injury or death (mandatory prison sentence of 25 years to life).
Contact a Tampa Criminal Defense Lawyer for Assistance Defending Against the Firearm or Weapons Charges You Are Facing
Are you facing charges for a criminal offense with a firearm enhancement? Or are you facing charges for a firearm or weapons offense? It is essential to seek legal advice about building a strong defense. An experienced Tampa firearm and weapons charges defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn about the details of your case and to begin working with you on a defense strategy. Contact our firm to learn more about the state and federal criminal defense services we provide in the Tampa area.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775ContentsIndex.html
