Miami Gun Crime Lawyer

Gun Crime Lawyer Defending You Against Firearms Offenses in Florida

The use of a firearm during the commission of a crime elevates the seriousness of the underlying crime and often forms the basis for additional charges in both state and federal courts. If you are in this situation, you should hire the best and most experienced Miami gun crime lawyer that you can. Your gun crime lawyer should be knowledgeable in all aspects of firearms. Experience as a criminal defense attorney is not enough to ensure excellent representation since knowledge of firearms is often essential in defending a person charged with a federal or state firearm offense.

Our founding attorney, Jeffrey S. Weiner, has trained extensively with Masaad Ayoob (Director of the Lethal Force Institute), John Farnam (Defense Training Institute), and other top firearms and self-defense experts for many years. He is certified in handgun retention and disarming techniques, and has competed in firearms competitions. He has lectured throughout the United States on defending persons charged with firearms crimes, including first-degree murder, second-degree murder, manslaughter, aggravated battery, aggravated assault, and for all types of violations of federal laws involving firearms, including but not limited to the sale or transfer of firearms. He has also handled cases and lectured to fellow criminal defense attorneys on weapons topics including self-defense, stand your ground, drawing a weapon, and carrying a concealed firearm, just to name a few. From his four decades of experience, Attorney Weiner is convinced that knowledge of firearms (including handguns and long guns), shooting techniques, and the handling of weapons has proven vital in achieving amazing results for our clients in firearms related cases.

Florida Gun Crime Attorney

Defending a criminal case is an extremely great responsibility for a criminal defense attorney. Without a working knowledge of firearms and other weapons, learned over years of experience with guns, edged weapons, and other items used for self-defense, providing the best defense for a person charged with a firearms defense is much more difficult. If you are so charged, it is unquestioningly in your best interest to hire a Miami gun crime lawyer who is knowledgeable in these types of cases. Firearms cases are extremely difficult and often carry mandatory minimum periods of incarceration.

Our attorneys can help you if you have been charged with a state or federal firearms crime. Do not make statements to law enforcement, even if you are absolutely convinced that your use of the firearm or other weapon was justified. You can contact our law firm anytime to schedule a meeting.

Possession Of A Firearm By A Convicted Felon in Florida

It is a federal, and often a state, offense for a felon to possess a firearm or even to possess ammunition. The mere act of possession is the crime; ownership is not necessary. If you have ever been convicted of a felony – or pled guilty to a felony – you are considered a convicted felon by the federal government. If you fall into that category, you may not possess a firearm or bullets.

Many gun magazines feature discussions of the United States Supreme Court case of District of Columbia v. Heller, in which the Supreme Court held that the Second Amendment protects the right to possess a firearm in the home for self-defense. Most courts have held that this Second Amendment right, as applied by the Supreme Court, has generally been held not to apply to convicted felons, although there are exceptions.

Of particular interest to persons in Florida is the fact that if the person had received a “withhold of adjudication” (of guilt) following a plea of no contest or “nolo contendere,” it does not qualify as a prior conviction under Florida law and, therefore, cannot be properly charged with the felony of “possession of a firearm by a convicted felon.” However, if a person has entered a guilty plea in a Florida court, as opposed to a “no contest” (or nolo contendere) plea in a Florida court, with a withholding of adjudication of guilt, such has been held to be a conviction for the purposes of Title 18 United States Code Section 922 (g) (1).

Florida is one of several states that allow its citizens the opportunity to take responsibility in a criminal case and resolve the case by pleading guilty or no contest an receiving a withhold of adjudication. This opportunity may be provided to non-violent or first-time offenders. In federal court, if you are found guilty, then you are “guilty.” There is no such thing as a withhold of adjudication of guilt upon conviction of a federal felony. 

Contact a Miami gun crime lawyer at (305) 985-6640 for strong representation and a free consultation.