Firearm Charges

How Florida Prosecutes Firearm Offenses Firearm offenses in Brevard County are prosecuted by the State Attorney’s Office for the 18th Judicial Circuit, with cases filed in county or circuit court depending on offense level. Charges commonly arise from traffic stops, search warrant executions, domestic disturbance calls, or arrests for unrelated offenses where a firearm is discovered. Enforcement practices vary among municipal police departments, the Brevard County Sheriff’s Office, and Florida Highway Patrol, but charging decisions are governed by Chapter 790, Florida Statutes. What the State Must Prove To secure a conviction, the State must prove beyond a reasonable doubt that the defendant knowingly possessed, carried, displayed, discharged, or used a firearm in violation of Florida law. In possession cases, knowledge and dominion or control over the firearm are essential elements. Certain offenses also require proof of status, such as a prior felony conviction, injunction for protection, or commission of an enumerated felony. How Firearm Charges Escalate Firearm charges escalate based on the defendant’s criminal history, manner of possession, and whether the firearm was used during another offense. Possession by a convicted felon under section 790.23 is charged as a second-degree felony, while use of a firearm during the commission of certain crimes triggers mandatory minimum sentencing under section 775.087. Prosecutors in Brevard County routinely seek sentence enhancements when firearms are alleged to have been carried, displayed, or discharged. Procedural and Evidentiary Issues Firearm cases frequently involve litigation over traffic stops, vehicle searches, consent searches, and execution of search warrants. Courts evaluate whether law enforcement had lawful grounds to detain the defendant and whether the firearm was discovered through constitutionally permissible means. Statements made following arrest are also reviewed for compliance with Miranda and voluntariness requirements under Florida law. Penalty Exposure Under Florida Law Penalties depend on offense classification and enhancement statutes. Misdemeanor firearm offenses may result in up to one year in jail, while third-degree felonies carry exposure of up to five years in prison, second-degree felonies up to fifteen years, and first-degree felonies up to thirty years. Mandatory minimum prison terms may apply under Florida’s firearm enhancement statutes, limiting judicial discretion at sentencing. Collateral Consequences A firearm conviction can result in permanent loss of firearm rights, probation conditions restricting possession of weapons or ammunition, and adverse effects on employment or professional licensing. For defendants with prior felony convictions, firearm offenses may also affect eligibility for future rights restoration. These consequences apply independently of incarceration length. Statutory Classification and Background Florida regulates firearms primarily through Chapter 790, Florida Statutes, which addresses possession, carrying, use, and enhancement provisions. The statutory framework distinguishes between misdemeanor and felony conduct and imposes heightened penalties when firearms are connected to violent or enumerated offenses. Firearm charges are treated as serious public safety offenses under Florida law, particularly when combined with other criminal allegations.