Jacksonville Firearm & Weapon Sentencing Enhancement Lawyer

helps people defend against
Firearm Enhancement
offenses.

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
  

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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.  In other words, the State can reclassify the charge which increases the maximum possible penalty and file it as a minimum mandatory offense, all at once.  There are certain elements that they must prove in order for the reclassification to take effect, so if you or a loved one is charged with a firearm or weapon offense, call LGL's experienced criminal defense attorney to discuss the case.

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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.

The Jacksonville criminal defense lawyer at LASNETSKI GIHON LAW have many years of experience handling firearm enhancement cases.  These cases often involve forensic analysis, fingerprint analysis, ballistics analysis, DNA analysis, investigation of witnesses, legal research, in-depth depositions, motions to dismiss, motions to suppress, and more.  The first step is to have a comprehensive in-person consultation with our criminal defense attorneys to discuss the case.  If that is not convenient, we can speak over the phone.  Our consultation is free and we can provide you with some valuable information.  Call us today!

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