Understanding Federal Gun Charges in Florida
Gun laws in the United States are governed by both state and federal statutes, but a charge under federal law typically carries consequences that are far more severe than a state-level offense.
If you are being investigated or have been charged, you need to work with criminal lawyers in Tampa with The Rickman Law Firm who are extremely familiar with how federal gun laws differ from state gun laws, and what that could mean for your case.
What Makes a Gun Charge Federal?
Not every firearm offense in Florida is considered a federal gun charge. A case may fall under federal jurisdiction when the conduct violates federal law or crosses state lines. Common examples include possession of a firearm by a convicted felon, trafficking firearms across state borders, using or carrying a firearm in connection with a drug trafficking crime or violent felony, and possession of unregistered or prohibited weapons such as machine guns or silencers.
Federal charges may also apply when firearms are discovered during the course of an investigation into another crime. For example, if a firearm is found during a federal drug trafficking case, prosecutors often add firearm-related charges to strengthen their case and increase potential sentencing penalties.
Penalties for Federal Gun Charges
Federal sentencing guidelines impose strict penalties for firearm offenses. Unlike state courts, where judges often have more discretion, federal judges must follow mandatory minimums in many cases. Penalties can include lengthy prison sentences, substantial fines, and the loss of certain constitutional rights.
For instance, under federal law, possession of a firearm by a convicted felon can result in up to 10 years in federal prison. If the defendant has prior convictions for violent felonies or serious drug crimes, the Armed Career Criminal Act can enhance the penalty to a minimum of 15 years. Using a firearm during a drug trafficking crime or violent felony carries a mandatory minimum of 5 years, which must run consecutively to any other sentence that is given.
How Federal Charges Differ From State Charges
While Florida has its own statutes regarding firearm possession and use, federal charges are often more severe because they involve mandatory minimum sentencing and are prosecuted in federal court. State prosecutors may negotiate plea deals more readily, while federal prosecutors typically pursue the harshest penalties possible.
Additionally, federal cases involve agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives or the Federal Bureau of Investigation. These agencies have extensive resources and often conduct lengthy investigations before filing charges, meaning the evidence against the accused may already be substantial by the time of your arrest.
Defending Against Federal Gun Charges
Building a strong defense against federal gun charges requires a thorough understanding of both constitutional protections and federal statutes. Common defense strategies your firearms lawyer in Tampa with The Rickman Law Firm may utilize include challenging the legality of a search or seizure, disputing whether the firearm involved was actually possessed or used by you, or questioning any of the evidence that connects the firearm to another alleged crime.
Because of the high stakes, it is of the utmost importance to work with criminal lawyers in Tampa who have experience handling cases in federal court. The rules of procedure, the sentencing guidelines, and the strategies used by prosecutors are very different from state-level cases, and only a skilled attorney with federal experience can navigate these legal proceedings effectively.
Work with an Experienced Federal Defense Attorney
Federal gun charges in Florida carry life-altering consequences, and a conviction can mean years in prison, loss of civil rights, and a permanent criminal record. With an experienced firearms lawyer in Tampa with The Rickman Law Firm on your side, it may be possible to negotiate for reduced charges or even secure a dismissal.
For a complimentary case consultation, call The Rickman Law Firm at (813) 370-1185 or fill out a consultation form today.