Tampa Use of a Firearm During a Felony Lawyer
If you have been charged with use of a firearm during a felony in Tampa, Florida, you are facing one of the most serious criminal charges in the state. These cases carry severe mandatory minimum sentences and can permanently alter your future. At The Law Office of Daniel J. Fernandez, P.A., our experienced criminal defense attorneys understand the complex nature of firearm enhancement charges and provide aggressive representation to protect your rights and freedom.
With over 43 years of experience defending clients in Tampa and throughout Florida, attorney Daniel J. Fernandez has successfully handled more than 500 criminal trials, including complex firearm cases. Our firm’s dedication to relentless advocacy means we fight for every client from the moment charges are filed until the final resolution of their case.
Understanding Florida’s Use of a Firearm During a Felony Laws
Florida Statute 775.087, commonly known as the “10-20-Life” law, imposes severe penalties for using or possessing a firearm during the commission of certain felonies. This statute applies when a defendant is charged with specific felonies and the prosecution can prove that a firearm was involved in the offense.
The law establishes mandatory minimum sentences that judges cannot reduce, regardless of mitigating circumstances. If a firearm is possessed during a qualifying felony, the mandatory minimum is 10 years in prison. If the firearm is discharged, the minimum sentence increases to 20 years. Most severely, if someone is injured or killed by the firearm, the mandatory minimum becomes 25 years to life in prison.
Qualifying felonies under this statute include murder, sexual battery, robbery, burglary, arson, aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly person, unlawful throwing or placement of a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, trafficking in cannabis, trafficking in cocaine, capital importation of a controlled substance, aggravated manslaughter of an elderly person or disabled adult, or attempted commission of any of these offenses.
Building a Strong Defense Strategy
Successfully defending against firearm enhancement charges requires a comprehensive understanding of both state and federal firearms laws. Our Tampa criminal defense team carefully examines every aspect of your case, from the initial police investigation to the prosecution’s evidence.
One crucial defense strategy involves challenging the prosecution’s ability to prove that a firearm was actually used or possessed during the underlying felony. The state must establish beyond a reasonable doubt that the defendant had actual possession or constructive possession of the firearm and that it was connected to the alleged felony offense.
We also examine whether the firearm evidence was obtained through legal means. If law enforcement violated your Fourth Amendment rights during a search or seizure, we can file motions to suppress illegally obtained evidence. This could result in the firearm charges being dismissed or significantly reduced.
Another important consideration is whether the underlying felony charge itself can be successfully defended. If we can achieve a dismissal or reduction of the primary charge, the firearm enhancement may no longer apply. Our experienced trial attorneys thoroughly investigate all aspects of your case to identify weaknesses in the prosecution’s evidence.
The Impact of Federal vs. State Charges
Firearm charges can be prosecuted at both the state and federal levels, and understanding the differences is crucial for mounting an effective defense. Federal firearm charges often carry different elements and potentially different penalties than state charges.
Cases may be prosecuted federally if they involve interstate commerce, occur on federal property, or involve certain types of firearms or defendants with specific criminal histories. Federal prosecutors may also choose to pursue charges if the case involves organized crime or large-scale criminal enterprises.
At The Law Office of Daniel J. Fernandez, P.A., we have extensive experience handling cases in both state and federal courts throughout Florida and nationwide. This dual expertise allows us to provide comprehensive representation regardless of which jurisdiction pursues charges against you.
The Hillsborough County Courthouse, located at 800 E Twiggs Street in downtown Tampa, handles many state-level firearm cases. Meanwhile, federal cases are typically heard at the Sam M. Gibbons U.S. Courthouse on North Tampa Street. Our familiarity with both court systems and their respective procedures ensures your case receives the skilled representation it deserves.
Tampa Use of a Firearm During a Felony FAQs
What constitutes “use” of a firearm under Florida law?
Under Florida Statute 775.087, “use” means that the defendant carried, displayed, used, threatened to use, or attempted to use any firearm during the commission of the felony. The prosecution does not need to prove that the firearm was discharged, only that it was present and connected to the criminal act.
Can firearm enhancement charges be negotiated or plea bargained?
While the mandatory minimum sentences cannot be reduced by judges, experienced criminal defense attorneys may be able to negotiate with prosecutors to reduce or dismiss the firearm enhancement charges as part of a plea agreement. This requires skilled advocacy and thorough case preparation.
What if the firearm was not mine or I did not know it was present?
The prosecution must prove that you had knowledge of the firearm’s presence and either actual or constructive possession. If you can demonstrate that you were unaware of the firearm or had no control over it, this may serve as a valid defense against the enhancement charges.
How does the 10-20-Life law affect sentencing for multiple charges?
If you are convicted of multiple felonies involving firearms, the mandatory minimum sentences may run consecutively rather than concurrently. This can result in extremely long prison terms, making aggressive legal representation essential.
Are there any exceptions to the mandatory minimum sentences?
Very limited exceptions exist under Florida law. However, experienced criminal defense attorneys may identify legal defenses or procedural issues that can result in reduced charges or dismissed cases before sentencing occurs.
What should I do if I am arrested for a firearm-related felony?
Contact an experienced criminal defense attorney immediately and exercise your right to remain silent. Do not discuss your case with law enforcement without your attorney present, as anything you say can be used against you in court.
How can an attorney help with my firearm enhancement case?
A skilled criminal defense attorney can investigate your case, challenge improper evidence, negotiate with prosecutors, file appropriate motions, and provide aggressive representation at trial. Early intervention by an experienced attorney often leads to better outcomes.
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Contact a Tampa Firearm Defense Attorney Today
When facing use of a firearm during a felony charges in Tampa, you need an experienced criminal defense attorney who understands the serious nature of these allegations and will fight tirelessly for your rights. The Law Office of Daniel J. Fernandez, P.A. has been successfully defending clients against serious criminal charges for over four decades.
Our firm’s commitment to aggressive representation and proven track record of success, including recognition as one of Tampa’s top criminal defense attorneys by Tampa Magazine’s Best Lawyers Edition, demonstrates our dedication to achieving the best possible outcomes for our clients. We understand that your freedom and future are at stake, and we provide the skilled advocacy you need during this challenging time.
If you or a loved one has been charged with a firearm-related felony in Tampa or anywhere throughout Florida, contact our experienced Tampa firearm defense attorney immediately for a free consultation. We are available 24/7 to discuss your case and begin building a strong defense strategy to protect your rights and freedom.