Miami Federal Gun Crime Lawyer

Miami Federal Gun Crime Attorney

Owning a gun is a right enjoyed by many Floridians. There is a responsibility to follow the law to keep you and others safe. Violating these laws could result in lengthy prison sentences, heavy fines, and a permanent criminal record. Anyone facing these types of serious charges can hire a Miami federal gun crime lawyer to defend them in court. With the right attorney, you can safeguard your right to legally own a gun.

At The Kirlew Law Firm, PLLC, we understand the federal laws that govern gun crimes and how to use the court system to weaken the prosecution’s case by questioning the evidence and allegations facing our client. Our attorneys are dedicated to thoroughly investigating your case, challenging evidence, and advocating for the most favorable outcome possible. We use our knowledge and experience to reach an acquittal, dismissal, or reduction of your charges.

Overview of Federal Gun Crimes and Penalties

Federal gun crimes encompass a wide range of firearm-related offenses. While many gun offenses are charged at the state level in Florida, a gun offense becomes a federal offense when the act involves violations of federal law, possession by prohibited individuals, use in drug trafficking, or when the violation occurs on federal property.

The penalties for these crimes vary based on the nature of the offense and any prior criminal history. For example, under 18 U.S.C. § 922(g), possessing a firearm as a prohibited individual, such as a convicted felon, can result in up to 10 years in federal prison.

Federal law also mandates minimum sentences for certain gun-related offenses. Under 18 U.S.C. § 924(c), using or carrying a firearm during a drug trafficking or violent crime carries a mandatory minimum sentence of five years. This sentence can increase if there are aggravating factors present. Federal gun laws are designed to prevent the use and possession of firearms in high-risk scenarios. Repeat offenders often face enhanced penalties.

The penalties you could face will be unique to your case. It is important to discuss all the details of your charges with your attorney, who can help you understand the potential penalties you could face.

What Are the Main Differences Between Federal and Criminal Courts?

Federal and state courts differ in terms of jurisdiction, the types of cases they handle, and procedural rules. Federal courts handle cases involving federal laws, constitutional matters, and interstate matters like drug trafficking and certain firearm offenses. For a crime to be tried in a federal court, the crime may have occurred in multiple states, on federal property, was committed online, or several other qualifications.

State courts handle cases under state laws, including most violent crimes, property crimes, and traffic offenses. Federal court cases are prosecuted by U.S. Attorneys who work under the Department of Justice, while state prosecutors who work for local district attorney offices handle state cases. Federal courts often have stricter sentencing guidelines and different procedural rules than state courts, though defendants in both systems retain the same constitutional rights.

Criminal Defense Strategies for Federal Gun Crime Charges

If you are facing federal criminal charges, it is important to find a criminal defense attorney who has experience defending clients in federal court. Your lawyer can review your case and begin developing a strategy that furthers your interests and questions the assumptions made by the prosecution.

That process could begin by examining the evidence to see if the charge you are facing is justified. In some cases, a reduced charge may be warranted if the evidence does not fully support the existing criminal charges.

If the prosecution does not have strong evidence connecting you to the scene of the crime, your attorney could argue that the charges should be dropped altogether. Witness testimony can be unreliable, and there may be cases where mistaken identity or a set-up is the likely cause for your arrest. If the prosecution has sufficient evidence to pursue the criminal charges, your attorney could negotiate a plea bargain that reduces the penalties you are facing.

FAQs

Q: How Much Does a Felony Defense Attorney Cost in Florida?

A: The cost of a felony defense attorney in Florida depends largely on the lawyer’s hourly rate or flat fee. If the attorney charges by the hour, the ultimate cost for legal representation would be based on the time and resources your lawyer ultimately puts into a case. The costs you could incur for legal representation should be discussed during an initial consultation.

Q: What Are the Top Benefits of Hiring an Attorney for Gun Charges?

A: The immediate benefit of hiring an attorney is the ability to negotiate a resolution to your case that minimizes the chances that you spend significant time in federal prison. Defendants who do not have strong legal representation may fare poorly in court. A criminal defense attorney’s top priority is having your charges dropped or reduced. Short of that, they can negotiate a favorable plea bargain that minimizes the penalties you face.

Q: What Is the Sentence for a Federal Gun Charge?

A: Sentences for federal gun charges vary based on the offense. For possession of a firearm by a prohibited person, the penalty can be up to 10 years in prison. Using a gun in a drug trafficking or violent crime carries a mandatory minimum of 5 years. Penalties increase with aggravating factors, such as prior convictions.

Q: How Do Florida’s Gun Laws Work?

A: Florida’s gun laws regulate who can purchase, carry, and use firearms. While Florida allows open carry in limited circumstances, most individuals must have a concealed carry permit to carry a firearm in public. Background checks are required for licensed dealers but not for private sales. Strict penalties apply when firearms are used in the commission of a crime.

Miami Federal Gun Crime Lawyer

Federal gun crime charges are serious and can result in prison sentences even for first-time offenders. Don’t risk your future on an unproven law firm. The Kirlew Law Firm, PLLC, is a highly respected criminal defense law firm that represents clients in state and federal court. We have helped many clients receive favorable outcomes for their gun crime charges, and we can help you as well. To schedule your consultation, contact our office today.