Firearm & Weapon Sentencing Enhancements


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Firearm Enhancement
offenses.

The Florida legislature has enhanced certain offenses if firearms or weapons were involved.  This means that for those specified offenses, the maximum possible penalty is increased and the judge can sentence you to a much longer sentence.
What are the firearm enhancements?

Firearm & weapons enhancements are defined in Florida Statute Section 775.087(1)
  • Whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony, you:
  • carry,
  • display,
  • use,
  • threaten to use, or
  • attempts to use
  • any weapon or firearm or during the commission of such felony, or
  • you commit an aggravated battery, the felony for which you were charged shall be reclassified:
  • First Degree Felony becomes a Life Felony
    • Max of 30 years becomes a life sentence
  • Second Degree Felony becomes a First Degree Felon
    • Max of 15 years becomes a max of 30 years
  • Third Degree Felony becomes a Second Degree Felony
    • Max of 5 years becomes a max of 15 years

Can they enhance my case based on a firearm and also give me with a minimum mandatory?
Yes.  These are two separate provisions under the statute.  The enhancement deals with the ceiling of a possible sentence.  The minimum mandatory deals with the floor.  Both can be charged together and therefore, if you commit a specified felony with a firearm, both the ceiling of your possible sentence and the floor of your possible sentence goes up.

Who decides if my case is enhanced?

Initially, the prosecutor decides whether to charge you under Florida Statute Section 775.087(1).  If they decide to enhance you, they will list this statute in the Information (charging document).  Then, if you took your case to trial, the jury would decide whether you committed the underlying felony and whether you carried, displayed, used, or attempted to use a firearm during the commission of that felony.  Their decision would determine whether the regular statutory maximum sentence applied or whether the enhanced maximum sentence applied.
CALL US!

Firearm & Weapon enhancement cases require skilled and experienced criminal trial attorneys. With the former elected State Attorney, former Gun Crime and Homicide Prosecutor, and two other former prosecutors with a wealth of experience handling Firearm Enhancement cases on the both sides, SLG Law knows how to handle all of the legal and factual issues in a gun or weapon case. 

If you have been accused of or arrested on a Firearm Enhancement case,

Call us:
Shorstein, Lasnetski, & Gihon

904-642-3332 (Jacksonville)

407-228-2019 (Orlando)

or

 
contact us online.
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