Use of a Firearm Defense
Representation for charges involving the use of a firearm during the commission of a felony in Florida.
Understanding Use of a Firearm Defense Charges
Use of a firearm during the commission of a felony in Florida triggers mandatory minimum sentences under the 10-20-Life law. Simply possessing a firearm during a felony results in a mandatory 10-year sentence, discharging a firearm results in a mandatory 20-year sentence, and causing death or great bodily harm results in a mandatory 25-year to life sentence. These mandatory minimums cannot be reduced by judges, making these charges extremely serious.
Potential Penalties
- •Possession of firearm during felony: Mandatory 10 years in prison
- •Discharge of firearm during felony: Mandatory 20 years in prison
- •Death or great bodily harm from firearm: Mandatory 25 years to life in prison
- •No possibility of early release or sentence reduction
- •Sentences run consecutive to underlying felony charges
- •Enhanced penalties for prior violent felony convictions
- •Federal charges possible with even longer sentences
How We Defend Use of a Firearm Defense Cases
Challenge whether firearm was actually used - Argue that mere possession does not constitute use under the statute.
Self-defense or defense of others - Demonstrate that use of the firearm was legally justified.
Lack of intent - Prove that you did not intend to use the firearm during the commission of a crime.
Firearm was not functional - Show that the weapon was inoperable and could not be used.
Mistaken identity - Challenge the identification evidence linking you to the use of the firearm.
Challenge the underlying felony - If the underlying felony charge is dismissed, the firearm enhancement may also be dismissed.
Negotiate to avoid firearm enhancement - Work to have the firearm charge dropped in exchange for plea to underlying offense.
Constitutional violations - Identify any violations of your rights that could lead to suppression of evidence.
Why Choose The Mirvis Law Firm?
Firearm use charges carry devastating mandatory minimum sentences that can result in decades in prison with no possibility of early release. These cases require immediate and aggressive defense to challenge the charges and avoid the mandatory minimums. Tony Mirvis understands the complexities of Florida's firearm laws and will fight tirelessly to protect your freedom.
With over 20 years of experience defending clients in Florida state and federal courts, Tony Mirvis has the knowledge, skills, and dedication to fight for the best possible outcome in your case.