Weapon Crime Lawyers in New Port Richey, Florida
Over 150 Years of Legal Experience
There are various different types of weapon crimes in New Port Richey, Florida. Some are labeled as misdemeanors while others are more serious and are charged with a felony. There are some huge penalties and fines that can be associated with weapon crime charges.
If you have been charged with weapon crime in the New Port Richey area, Musca Law Firm wants to speak with you. Our firm has well over 150 years of experience behind them from all our attorneys combined. It does not matter if your crime is charged as a misdemeanor or a felony, one of our skilled and professional lawyers will stand beside you, fighting for your rights in court. If you or a loved one face such charges, don’t hesitate to contact our New Port Richey office at (727) 480-9675 to schedule a free initial case consultation with one of our experienced attorneys today.
Musca Law Firm Can Assist With the Following Weapons Crimes:
- Carrying a concealed firearm
- False bomb threats
- Selling and delivering firearms
- Manufacturing firearms or other weapons
- Shooting a firearm in public
- Brandishing a firearm
- Improper exhibition of a firearm or weapon
- Using a firearm while intoxicated
- Shooting a firearm in public
- Weapon of mass destruction offenses
- Juvenile weapon offenses
- Illegal possession of a firearm
Definition of a Firearm
Per Florida Statutes 790.001(6):
“weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”
Carrying a Concealed Firearm in New Port Richey
An individual commits a crime of carrying a concealed firearm if they knowingly carry a firearm on them that is concealed from the ordinary sight of another individual. If a person is committed to carrying a concealed firearm, they will face up to five years in prison, five years of probation, and a fine of up to $5,000. It will also be considered a felony in the third degree. Florida will see it as a level 5 on their Criminal Punishment Code (CPC).
In order to be charged with this weapon crime, the state will need to prove the following:
False Bomb Threats
As per the Florida Statute, Section 790.164,iIt is against the law for any individual to make a fake report, with the intention to deceive, mislead, or otherwise misinform any individual, concerning the placing or planting of any bomb, dynamite, or other deadly explosive, or weapon of mass destruction.
The weapon crime of false bomb threats is punished by up to fifteen years in prison and a $10,000. It is labeled a felony in the second degree and will be assigned with a level 5 on the CPC.
If a bomb threat was made over the telephone, mail, or telegraph, one could also face federal prosecution. This is punishable by up to 10 years in prison. While the United States constitution states no one can be charged twice with the same crime, you could be convicted by both the state of Florida and the federal government as this is a crime of two different sovereign governments.
In order for the state to prosecute one, they will need to prove the following three elements:
- You carried the weapon on your body or close to your body in a knowing manner.
- The firearm you were carrying was out of plain sight for the public to see.
Selling and Delivering Firearms
In the state of Florida, there are rules and regulations that must be followed when selling and delivering firearms. There must be a waiting period before the weapon is delivered. The person purchasing the firearm must have a background check performed on them as well. Any seller that does not comply with these rules and regulations could be charged with a felony, thus resulting in them losing their license to sell.
Shooting a Firearm in Public
In Florida, shooting a firearm in any public place can either be charged with a misdemeanor or a felony, depending on where the shot was fired.
The first offense will generally be charged with a misdemeanor in the first degree. Penalties for this will be up to one year in jail, 12 months probation, and a $1,000 fine.
The charge can be upgraded to a felony in the third degree when a firearm is shot from a vehicle. He will be charged with up to five years in prison, 5 years of probation, and a fine of $5,000.
In order to be charged with this weapon crime, the prosecution will need to prove you knowingly shot the firearm in public, you shot the gun knowingly on the right of way on a highway, street, or road, and you knowingly shot the gun over a place that was occupied or over the right of way of a street, road, or highway.
Brandishing a Firearm
Brandishing a firearm, also known as an improper exhibition of a weapon, is a first-degree misdemeanor. Punishable by up to 12 months in jail, this carries a $1,000 fine.
In order to be charged with brandishing a firearm, the following elements must be proved:
Using a Firearm While Intoxicated
If you have used a firearm while intoxicated, you will be penalized harshly. In order for the state to have a case, they will need to prove that you were using a firearm and that you were under the influence of either alcohol, a chemical substance, or a controlled substance that limited your functioning.
Firearms can include machine guns, silencers, lower receivers, starter pistols, and destructive devices.
Alcohol can include beer, liquor and spirits, mixed drinks, wine, and wine coolers.
Controlled substances can include Trichloroethane, Methyl isobutyl ketone, Hexane, Richloroethylene, Ethylene glycol monomethyl ether acetate, Cyclohexanone, Nitrous oxide Toluene, and Ethyl acetate. While many medications are also controlled substances, it is in the best interest of those taking these to stay away from firearms altogether.
Penalties for using a firearm while intoxicated include a $500 fine and up to 60 days in jail. It will be classified as a second-degree misdemeanor.
However, this will not apply to people that are using the weapon as a form of self-defense or defending their property.
Weapons of Mass Destruction Offenses
According to the Florida Statutes, Section 790.166, weapons of mass destruction are defined as:
- You knew when you reported that the bomb threat was fake.
- The fake bomb threat report was made to misinform, deceive, or mislead an individual.
- The fake bomb report was made by you about another person planting a fake bomb.
- The defendant was indeed carrying a weapon.
- The weapon was exhibited in a manner that was careless, threatening, rude, or angry.
- There was at least one other individual in the presence of the defendant.
Penalties for this include being charged with a second-degree felony. They will be imposed with a $10,000 fine with up to 15 years in prison.
Juvenile Weapons Offense
A minor under the age of 18 is not allowed under Florida law to own a weapon.
If a juvenile is found to be in possession of a weapon, the Department of Highway Safety and Motor Vehicles states the courts must revoke the juvenile’s driver’s license for up to one year.
Aggravated Battery with a Deadly Weapon
In Florida, aggravated battery is a felony in the second degree. This is punishable by up to 15 years in prison and/or 15 years of probation. A fine of $10,000 will also be imposed. However, when this crime is committed using a deadly weapon, enhanced penalties will be given. A minimum of 10 years in prison will be given if there is a deadly weapon possessed during the incident. If a semiautomatic firearm or machine gun was possessed during the incident, a minimum of 15 years in prison will be given. If the firearm is discharged during the battery, then a minimum of 20 years in prison will be imposed. If great bodily harm occurred after the firearm was discharged, at a minimum, 25 years will be given.
New Port Richey Gun Restrictions
There have recently been new restrictions that have been made on guns in New Port Richey and the rest of Florida. These restrictions include the following:
Felony Possession of a Firearm
In New Port Richey and the rest of Florida, it is illegal for a felon to possess a firearm. This also includes ammunition or any electric weapon or device. This includes people who:
There are two types of possession when dealing with a firearm or weapon. Actual possession meant the weapon was in the hands of the defendant, concealed on the defendant, in a container the defendant had in his hands, or within close reach of the defendant. Constructive possession occurs when a firearm is in a place where the defendant has control over while knowing the weapon was in their presence.
A felon with possession of a firearm can face penalties of up to fifteen years in prison and a fine of up to $10,000. He will be charged with a second-degree felony.
In order to convict you, the prosecution needs to prove that you have been convicted of a felony before and after being convicted, knowingly carried a concealed weapon or owned or controlled a firearm or electric device.
Enhanced Penalties in New Port Richey For Weapon Crimes
The state of Florida has a “10-20-Life” law. If during a crime, a weapon is used, the penalties will be increased. If there was possession of a weapon by the one that was accused, there would be a minimum mandatory sentence of 10 years. Twenty years or more will be given if the weapon is discharged. And a minimum sentence of twenty-five years to life will be given if a person is injured or killed by a weapon during the crime.
Musca Law Firm
Weapon crimes are serious business. If you have been charged with one, you need an attorney who is well respected to fight for you. Your attorney should be aggressive in court to fight for your rights.
At Musca Law Firm, we believe in your freedom and will fight for it 100%. Our defenses have been thought through and were designed to expose weaknesses in the prosecution's side. We will work hard to get you a favorable outcome.
Our firm offers a free initial consultation. You have nothing to lose when you first chat with us. You will be placed with an attorney that will work with you and keep you informed on how the case is going. You will never have to fight alone.
If you or a loved one face such charges, don’t hesitate to contact our New Port Richey office at (727) 480-9675 to schedule a free initial case consultation with one of our experienced attorneys today.
- Any biological agent, toxin, vector, or delivery system;
- Any device or object that is designed or intended to release radiation or radioactivity at a level dangerous to human or animal life;
- Any device or object involving a biological agent; or
- Any device or object that is designed or intended to cause death or serious bodily injury to any human or animal, or severe emotional or mental harm to any human, through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors.
- Gun buyers must now be 21 years old, rather than 18 years of age.
- Gun buyers must now wait 3 days or until a background check is complete (whichever one takes longer will be used for this waiting period)
- Bump Stocks Prohibited - Any device that enables semi-automatic rifles to fire in a quicker nature will be banned.
- Were convicted in another state of a criminal offense that was punished by more than one year in prison
- Committed a felony against the United States of America
- Found guilty of committing an act that was delinquent under the age of 24 that would have been viewed as a felony charge had the person been convicted as an adult