Gun Trafficking Defense Lawyer in Florida
Ensuring Your Legal Rights
Gun Trafficking Defense Lawyer in Florida
Gun trafficking in Florida is a serious offense that can carry severe penalties, both at the state and federal levels. If convicted, you could face decades of imprisonment and steep fines, so it’s important to secure help from a skilled gun trafficking defense lawyer in Florida. That’s where our team at Smith & Eulo comes in.
Our award-winning criminal defense lawyers have over a century of combined experience defending Florida residents against criminal charges, including gun trafficking charges. If you’re facing gun trafficking charges, we can help you navigate the legal process.
Understanding Florida’s Firearm Trafficking Laws and Penalties
Florida law addresses gun trafficking in multiple firearm-related laws, including statutes related to the illegal sale, delivery, or possession of firearms.
The state defines firearm trafficking as the illegal sale, delivery, or possession of firearms that involves multiple firearms or firearms that are intended to be sold illegally. These offenses often intersect with other criminal activities, such as drug trafficking, which compound the legal consequences.
Various Florida statutes outline strict restrictions on firearm ownership and transfer. For example, Florida Statute § 790.065 states that selling or delivering firearms without adhering to state regulations is a criminal offense. All firearm sales must be completed through a licensed dealer, and background checks must be conducted before the transaction can proceed.
Failure to comply with these laws results in serious penalties, which can range from third-degree felonies to first-degree felonies. Convictions under Florida Statute § 775.084 can lead to imprisonment for a term ranging from five years to life, depending on the number of firearms involved and the accused’s prior criminal history.
If the firearms involved in the offense were intended for use in drug trafficking or other criminal activities, the penalties become stricter. For example, if firearm trafficking involves the illegal possession of firearms by convicted felons or the use of firearms in the commission of other crimes, the penalties compound, becoming more severe and life-altering.
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Federal Penalties for Gun Trafficking
Gun trafficking is a federal offense. While Florida outlines specific laws pertaining to gun trafficking, it aligns with federal law, ensuring that both state and federal firearm trafficking rules are enforced. The penalties for gun trafficking at a federal level are just as severe as those at the state level, if not more so.
The Gun Control Act of 1968 sets the stage for federal firearm trafficking laws, with most laws enforced under this act and subsequent amendments, such as the Brady Handgun Violence Prevention Act. Under these laws, engaging in the sale or transfer of firearms without proper licensing or transporting firearms across state lines for illegal purposes is unlawful.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the federal agency responsible for investigating and enforcing these laws. For example, the ATF commonly handles “straw purchases,” a common form of gun trafficking that occurs when one person buys a firearm on behalf of another person who isn’t legally allowed to purchase or possess it.
The penalties for gun trafficking under federal law vary but are generally just as severe, if not more so, as Florida’s penalties. Trafficking firearms across state or international borders or providing firearms to individuals involved in criminal activities can result in decades of imprisonment. Those convicted of firearms trafficking when the weapons were used in a violent crime or drug trafficking may face up to 20 years in federal prison.
In cases where the offense is linked to organized crime, such as gangs or drug cartels, federal law allows for enhanced sentencing under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Continuing Criminal Enterprise Statute. These enhancements may result in life sentences without parole.
Federal penalties for gun trafficking often overlap with state penalties, so those charged with the offense may face prosecution under both Florida law and federal law. Considering that the processes can vary dramatically between the two due to nuances at both state and federal levels, it’s important to enlist the help of a skilled gun trafficking defense lawyer in Florida with experience in both state and federal cases.
Frequently Asked Questions (FAQs)
Is Gun Trafficking a Federal Offense?
Yes, gun trafficking is a federal offense. Florida has specific statutes related to gun trafficking, but federal law may overlap, meaning you may face both state and federal firearm trafficking charges.
What Are the Penalties for a Gun Trafficking Conviction in Florida?
If found guilty of gun trafficking in Florida, you may face up to 30 years in prison and steep fines. The exact penalties vary based on the specifics of the charge and conviction. Your lawyer can help you determine the potential punishments you may face based on the specifics of your case.
Do I Need a Lawyer for My Gun Trafficking Case?
While you’re not required to hire a lawyer for a gun trafficking case, having skilled legal representation is a good idea. You may face charges at both state and federal levels, and given the nuances of the legal system, enlisting help from a skilled Florida gun trafficking defense attorney can make all the difference.
The Role of a Gun Trafficking Defense Lawyer
Gun trafficking is a serious charge with equally severe consequences. If you’re facing gun trafficking charges in Florida, it’s important to enlist help from a knowledgeable gun trafficking defense lawyer. This way, you can better understand your legal rights, options, and obligations to pursue the best outcome possible.
Our skilled team at Smith & Eulo can help by:
- Explaining the charges against you and the possible punishments
- Identifying whether the case involves state or federal charges or both
- Examining evidence surrounding the case to determine how best to defend against each charge
- Identifying any weak points in the prosecution’s case, such as a Fourth Amendment right violation that could allow for filing a motion to suppress evidence obtained unlawfully
- Challenging the prosecution’s claims by presenting evidence that contradicts those claims
- Negotiating plea deals or seeking reduced charges when in your best interest
- Defending at trial, presenting a strategic defense to create reasonable doubt in the minds of the jury
We’ll guide you through each phase, ensuring you understand your legal rights and obligations. If you’re facing gun trafficking charges, we can help.
Consult with the Experienced Gun Trafficking Defense Lawyers at Smith & Eulo
If you’re facing gun trafficking charges, don’t wait to secure legal representation. A conviction can mean decades in prison and severe consequences in both your personal and professional lives, from affected relationships to difficulty finding housing and employment. Having help from a skilled lawyer can make a significant difference in pursuing the most favorable outcome.
At Smith & Eulo, we’re well-versed in both state and federal gun trafficking cases. Our knowledgeable gun trafficking defense attorneys in Florida have helped many individuals navigate the specifics of their cases and can help you do the same. Contact us at (407) 930-8912 or complete our online contact form to start with a consultation today.