Gun & Firearm Crimes

The moment an officer claims you carried, displayed, or possessed a gun unlawfully, your freedom, career, and rights move to the front line. You deserve clear answers, a plan that fits your life, and a defense that treats every detail as leverage in your favor.

What Counts as a Firearm Crime in Florida

Florida law covers far more than pulling a trigger. You can face charges for carrying a concealed firearm without a valid license, improper exhibition, or open carry outside narrow exceptions. Felon-in-possession cases appear often, as do allegations tied to drugs or stolen property. Prosecutors also file charges when police find a gun in a car or bedroom and claim you “constructively possessed” it. Understanding where your situation fits helps you decide the next move.

Common Charges in Tampa Bay Courts

Judges in Hillsborough and nearby counties see the same categories again and again, and knowing the playbook lets you counter it early.

  • Carrying a Concealed Firearm – The State must prove you knowingly carried a firearm concealed from ordinary view.
  • Improper Exhibition – Alleged brandishing requires proof of a rude, careless, angry, or threatening display, not simple presence.
  • Felon in Possession – The State must show a qualifying prior conviction and knowing possession or control.
  • Guns in Vehicles or Homes – Constructive possession in shared spaces turns on proof that you knew about the gun and could control it.
  • Aggravated Assault with a Firearm – The State must prove a specific, intentional threat with the apparent ability to carry it out.
  • Gun Theft or Possession of a Stolen Firearm – Proof of knowledge that the item was stolen often decides these cases.
  • Risk Protection Orders (RPOs) – A civil order can separate you from firearms and can create criminal exposure if violated.
  • Federal Counts – Felon-in-possession, straw-purchase, or drug-and-gun combinations may shift your case to federal court.

These categories overlap, yet each turns on distinct elements, so a one-size plan will not work across the board.

Mandatory Minimums and Sentence Enhancements

Florida’s “10-20-Life” framework raises stakes quickly on crimes committed with guns. Display can trigger a mandatory term, discharge can add more time, and injury can elevate exposure further. Sentencing enhancements also kick in for certain prior records. You protect yourself by forcing the State to prove each element that triggers those enhancements, because removing a single factor can cut years from the range.

Defenses That Win Gun Cases

Your defense must fit the charge, the evidence, and the courtroom. The points below show how you create doubt and build leverage in talks.

  • Illegal Stop or Search – If officers lacked a valid reason to stop your car, detain you, or search a bag, the gun can be suppressed and the case can collapse.
  • No Knowing Possession – In a shared car, home, or short-term rental, you can attack knowledge and control with fingerprints, DNA, texts, or witness accounts.
  • Constitutional Carry and Exceptions – Florida law allows specific forms of carry and transport; when you fall within an exception, the charge fails.
  • Self-Defense and Stand Your Ground – If the State alleges improper exhibition or assault, a pretrial immunity motion can end the case before trial.
  • Bad ID or Ownership Proof – Serial-number gaps and chain-of-custody problems create room for doubt on stolen-gun and trafficking counts.
  • Mitigation that Moves the Needle – Clean history, treatment, steady work, and strong community ties can support diversion, reduced counts, or withholds.

Each defense works best when you gather records and witness names immediately, because time quietly erases proof you need later.

What to Do in the First Week

Your choices in the first days often decide success months later. Do not discuss the facts with anyone but your lawyer. Save body-cam links, tow slips, and property receipts. Photograph the car interior or room layout to show distance, visibility, and access. Pull video from doorbells and nearby businesses before files overwrite. List every person who used the car or lived in the home during the previous month. These steps give your attorney the raw material to file suppression motions, counter constructive-possession claims, and undercut enhancements.

Your Record, Your Rights, and Your Future

A gun conviction ripples through your life. You can lose firearm rights, face immigration issues, see professional licenses delayed, and hit walls on housing or employment. Even dropped charges can echo unless handled correctly. Ask about diversion, withholds, and record clearing where eligible. Plan for long-term outcomes, not just the next hearing, because the best result protects tomorrow as well as today.

Why Local Insight Matters

Courtrooms in Tampa and the surrounding counties run on rules and routines. Judges vary on motion calendars, plea settings, and bond terms. Prosecutors weigh diversion differently when presented with treatment plans, job letters, and clean records. A defense tailored to those local expectations reaches the right audience with the right proof and raises your chance of a better outcome.

Speak with a Tampa Gun Crimes Lawyer Today

You deserve a defense that moves quickly, challenges weak evidence, and protects your rights at every step. The Mayberry Law Firm is ready to review your stop, your search, and every allegation tied to the firearm, then file targeted motions that aim to suppress, reduce, or dismiss. Call 813-444-7435 or contact us online to schedule a free, confidential consultation with the Mayberry Law Firm today.

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