Lithia Weapons Charges Lawyer

Florida Statute § 790 governs the possession, use, and carrying of weapons and firearms throughout the state, and it is one of the more layered sections of Florida criminal law. What many people do not realize until they are sitting in a booking room is that “weapons charges” is not a single offense. It is a category that spans misdemeanor carrying violations all the way to second-degree felonies, and where your charge lands on that spectrum determines how much is actually at stake. If you are facing a Lithia weapons charges case, understanding exactly what you have been charged with and why the classification matters is the starting point for any real defense strategy. The Law Office of Daniel J. Fernandez, P.A., based in downtown Tampa, has spent over four decades defending clients across Hillsborough County against charges precisely like these.

What Florida Statute § 790 Actually Charges and Why the Definitions Matter

The statute draws a legal distinction between “weapons” and “firearms,” and that distinction has real consequences for how a case is prosecuted and sentenced. A firearm under Florida law is any weapon capable of expelling a projectile by the action of an explosive. A weapon is a broader category that includes knives with blades over four inches, brass knuckles, tear gas guns, and other items capable of causing harm. Carrying a concealed weapon that is not a firearm is a first-degree misdemeanor under § 790.01(1). Carrying a concealed firearm without a license is a third-degree felony under § 790.01(2). The charge on your arrest paperwork is the first thing that needs careful scrutiny.

Florida also prohibits the open carrying of firearms under § 790.053, with limited exceptions for activities like hunting and fishing. This surprises many people who assume that visible carry is somehow safer legally than concealed carry. It is not. Open carry is a first-degree misdemeanor, and multiple arrests involving weapons, or a single arrest combined with a prior record, can push what looks like a straightforward misdemeanor case into much more serious territory at sentencing. The Hillsborough County State Attorney’s Office prosecutes these cases at the George Edgecomb Courthouse in Tampa, and its approach to weapons charges has historically been firm.

How Prior Convictions and Prohibited Persons Status Changes the Entire Equation

Florida Statute § 790.23 is the provision that transforms a weapons case into a serious felony almost automatically. If a person has been previously convicted of a felony, or adjudicated delinquent for an offense that would be a felony if committed by an adult, possession of a firearm is a second-degree felony punishable by up to fifteen years in prison. Florida does not grant parole for these sentences, and the 10-20-Life sentencing enhancement under § 775.087 can apply if the firearm was used during the commission of another offense. The word “possession” does not require the gun to be in your hand. Constructive possession, meaning the firearm was in a car you were driving or a residence you shared, is sufficient for the State to charge you.

Prohibited persons status also arises from domestic violence misdemeanor convictions under federal law, which interacts with state charges in ways that genuinely catch defendants off guard. A person convicted of misdemeanor domestic battery in Florida may be prohibited under 18 U.S.C. § 922(g)(9) from possessing any firearm, creating the unusual situation where what would otherwise be a state misdemeanor weapons charge also triggers federal exposure. Daniel J. Fernandez has experience in both state and federal court, including cases heard at the Sam M. Gibbons United States Courthouse in Tampa, which is directly relevant when a weapons case has the potential to cross jurisdictional lines.

Search and Seizure Issues That Determine Whether Evidence Can Be Used Against You

A significant portion of weapons charges in Hillsborough County originate with traffic stops, and the constitutional questions that arise from those stops are often the most powerful tools in the defense. Under the Fourth Amendment, an officer must have reasonable articulable suspicion to stop a vehicle and probable cause or consent to search it. If a firearm is discovered during a search that exceeded the lawful scope of the stop, or during an unlawful pat-down conducted without sufficient justification under Terry v. Ohio, the weapon may be suppressible. If the evidence is suppressed, the State generally has no case.

Lithia sits in the southeastern portion of Hillsborough County, an area served primarily by the Hillsborough County Sheriff’s Office. Traffic stops along Lithia Pinecrest Road, CR 640, and US-301 near the Fishhawk Ranch and FishHawk Trails communities are not uncommon, and those stops sometimes escalate into weapons investigations. Body camera footage, dispatch logs, and the officer’s written report all become critical evidence in evaluating whether the stop and any subsequent search met constitutional standards. Our firm obtains these records early and reviews them with the kind of attention that comes from more than 500 jury trials over a 43-year career.

The Unusual Reality of Stand Your Ground and How It Intersects With Weapons Charges

Florida’s Stand Your Ground law under § 776.032 creates an immunity from prosecution, not merely an affirmative defense, for individuals who use or threaten to use force in circumstances the statute covers. This matters in weapons cases because possession of a firearm or weapon may be alleged alongside charges arising from a defensive use of force. If the underlying use of force is immunized by Stand Your Ground, the related weapons possession charge can sometimes collapse with it, particularly if the only evidence connecting the defendant to the weapon is the incident itself.

This intersection between self-defense law and weapons charges is one of the more legally nuanced areas of Florida criminal practice, and it is genuinely underutilized by defense attorneys who treat weapons charges as straightforward possession cases. Stand Your Ground hearings are conducted before a judge, not a jury, and the standard requires showing entitlement to immunity by a preponderance of the evidence. When the facts support it, pursuing that hearing is often more strategically sound than waiting for trial. It is the kind of analysis that requires deep familiarity with both the statute and Hillsborough County judicial practice.

Common Questions About Weapons Charges in Hillsborough County

Can I lose my concealed carry license if I am charged but not convicted?

An arrest alone can trigger a review by the Florida Department of Agriculture and Consumer Services, which administers concealed weapon licenses. A conviction for certain offenses will result in revocation. Even a withhold of adjudication can affect license status depending on the charge. This is a collateral consequence that needs to be addressed as part of the overall defense strategy, not treated as a separate problem to handle later.

Is it possible to have a weapons charge expunged in Florida?

Florida law permits sealing or expungement of a record under § 943.0585 and § 943.059 in limited circumstances. If there was no conviction and adjudication was withheld, sealing may be available. Expungement requires meeting additional criteria. However, certain weapons offenses involving violence or prior record issues may disqualify a person from these remedies. The eligibility analysis matters enormously, and it is worth having that conversation before resolving the case.

What happens if the weapon belonged to someone else in the car?

The State still has the ability to charge everyone in the vehicle under a constructive possession theory if it can show that each person knew about the weapon and had the ability to exercise control over it. Knowledge and dominion are both elements the prosecution must prove. If the weapon was hidden without your knowledge, that is a factual defense, but it requires evidence to support it. Fingerprints, location of the weapon, and witness statements all become relevant.

Does the 10-20-Life enhancement apply to all weapons cases?

No. The 10-20-Life sentencing enhancement under § 775.087 applies when a firearm is used in the commission of specific enumerated felonies, including robbery, burglary, and aggravated assault. It does not automatically apply to a standalone possession charge. However, when weapons charges are paired with another felony, the enhancement analysis is one of the most important parts of the case and can mean the difference between probation and mandatory prison time.

How quickly does someone need to act after a weapons arrest?

Immediately. Witness memories fade. Surveillance footage is overwritten. Body camera footage has retention periods that vary by agency. Beyond evidence preservation, there may be bond conditions imposed that restrict firearm possession, which can create new violations if not properly understood. Getting an attorney involved in the hours and days following an arrest, not weeks later, gives the defense the best possible foundation.

Can a weapons charge in Lithia end up in federal court?

Yes, under certain circumstances. Federal jurisdiction attaches when the firearm was transported across state lines, when the defendant is a prohibited person under federal law, or when the alleged conduct involved a federal nexus such as drug trafficking. The penalties in federal court are generally more severe and lack the parole eligibility questions that complicate state sentencing. Daniel J. Fernandez is experienced in federal criminal defense and handles cases in the Middle District of Florida.

Defending Clients From Fishhawk to Riverview and Across Southeast Hillsborough County

The firm’s Hillsborough County practice reaches well beyond Tampa’s core, extending to the communities of Lithia, Fishhawk Ranch, Riverview, Brandon, Valrico, Bloomingdale, Sun City Center, Apollo Beach, and the rural stretches of eastern Hillsborough County toward Wimauma and Durant. Clients from these areas often find themselves making the drive up US-301 or I-75 to the George Edgecomb Courthouse without a clear sense of what they are walking into. The Hillsborough County Sheriff’s Office covers most of these jurisdictions, and its deputies handle a substantial volume of weapons-related arrests along the commuter corridors and residential developments that define southeast Hillsborough County. Understanding the local prosecution patterns and court expectations in this particular judicial circuit is part of what the firm brings to every case in this region.

Speaking With a Lithia Weapons Defense Attorney Before Deciding Anything

The most common hesitation people have about hiring a criminal defense attorney is cost, and the underlying concern is whether the investment makes sense given how the case might turn out. That concern deserves a direct answer. The cost of an uncontested conviction on a weapons charge, measured in lost employment, restricted firearm rights, potential prison exposure, and a permanent felony record, almost always exceeds the cost of a competent defense. The question is not whether you can afford to hire an attorney. The question is what you are risking by handling this without one. When you contact the Law Office of Daniel J. Fernandez, P.A., the consultation process is straightforward. You explain what happened. The firm reviews the charges, identifies the legal issues, and gives you an honest assessment of where the case stands and what the options are. There is no pressure and no obligation. For anyone in the Lithia area dealing with a weapons charge, reaching out to a Lithia weapons defense attorney with the experience and trial record this firm has built over 43 years is the most practical step available.