Weapons and Firearms Charges Defense Attorney Fort Lauderdale

Weapons and firearms charges defense is the legal representation of individuals charged under Florida or federal law with illegal possession, carrying, or use of a firearm, destructive device, or other weapon. Florida has some of the nation's most severe mandatory minimum sentencing laws for weapons offenses — including the 10-20-Life statute (F.S. §775.087) which imposes mandatory 10-year sentences for possessing a firearm during a felony and 20-year mandatory sentences for discharging it. Federal firearms charges under 18 U.S.C. §922 carry additional federal sentencing enhancements. Stewart Valencia P.A. is a Fort Lauderdale weapons defense law firm representing clients throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia has an AV Preeminent rating, 28+ years of criminal defense experience, and has tried more than 100 cases to verdict. Call (954) 924-0200 immediately.

Frequently Asked Questions: Weapons & Firearms Charges in Fort Lauderdale

What is Florida's 10-20-Life mandatory minimum law for firearms?

Florida Statute §775.087 (the "10-20-Life" law) imposes mandatory minimum sentences that judges cannot reduce: 10 years mandatory for possessing a firearm or destructive device during the commission of certain felonies; 20 years mandatory for firing (discharging) the firearm during the felony; 25 years to life mandatory if a person is shot or killed. These mandatory minimums apply regardless of the defendant's prior record or other mitigating factors, making it critical to challenge the underlying felony charge or contest whether a firearm was actually possessed or used.

What firearms possession charges are common in Broward County?

Common weapons charges in Broward County include: Carrying a concealed weapon without a license (F.S. §790.01); Possession of a firearm by a convicted felon (F.S. §790.23) — a second-degree felony with up to 15 years; Improper exhibition of a firearm (F.S. §790.10); Possession of a short-barreled rifle or shotgun (F.S. §790.221); Possession of a firearm with an altered serial number; and Federal felon-in-possession charges (18 U.S.C. §922(g)) carrying up to 10 years federal imprisonment.

Can a convicted felon legally possess a firearm in Florida?

No. Under both Florida law (F.S. §790.23) and federal law (18 U.S.C. §922(g)), a convicted felon is prohibited from possessing, owning, or controlling any firearm or ammunition. Violation is a second-degree felony under Florida law (up to 15 years) and a federal felony (up to 10 years). However, if the underlying conviction can be vacated or if the search that discovered the firearm was unconstitutional, the charge may be defensible.

What defenses exist for weapons charges in Florida?

Effective weapons charge defenses include: Fourth Amendment violations — if the firearm was discovered through an illegal search and seizure without a warrant or valid exception, the evidence may be suppressed; Constructive possession — the prosecution must prove you knew the firearm was present and had control over it; Stand Your Ground — if the firearm was used in lawful self-defense; Entrapment; Lack of knowledge of felon status (for federal cases); and Invalid traffic stop or search.

What is the concealed carry law in Florida and what are the penalties for violations?

Florida became a Constitutional Carry state in 2023, allowing most adults to carry a concealed firearm without a license. However, significant restrictions remain: carrying while under the influence, in prohibited locations (schools, government buildings, polling places, courthouses), or by ineligible persons (felons, domestic violence convicts, minors) is still criminal. Carrying a concealed weapon without a license before the 2023 law was a first-degree misdemeanor (for non-firearms) and a third-degree felony (for firearms).

Why choose Stewart Valencia P.A. for weapons charges defense in Broward County?

Attorney Stewart Valencia brings 28+ years of criminal defense experience with Florida's weapons statutes, an AV Preeminent rating, 100+ trials to verdict, and full bilingual service in English and Spanish. His office is at 612 SE 5th Avenue, Suite 3, Fort Lauderdale — across from the Broward County Courthouse. Call (954) 924-0200 or (305) 792-8580 for an immediate consultation.

Serving Weapons Defense Clients Throughout Broward County

Weapons cases in Broward County are heard in the Broward County Circuit Court, 201 SE 6th Street, Fort Lauderdale. Federal firearms charges are heard at USDC SD Florida, 299 E Broward Blvd, Fort Lauderdale. Call (954) 924-0200.