Most Florida citizens have the right to own firearms, but for convicted felons, carrying a gun can lead to felony charges. Further, if their prior offenses were violent crimes, they may face lengthy prison sentences if they are convicted. In a recent Florida case, the court analyzed whether resisting an…
Articles Posted in Gun Crimes
Supreme Court Discusses Criminal Convictions in the Context of the Career Criminal Act
Generally, people who are considered career criminals face greater penalties than those with no criminal history. As such, if a person who has multiple prior convictions is found guilty of another offense, they may be subject to sentencing enhancements. While generally, crimes are discrete acts, a person can be charged…
Florida Court Discusses Grounds for Imposing Sentencing Enhancements
Many people who have a criminal history are prohibited from owning or purchasing weapons. Thus, they can be charged with crimes if they are caught with guns in their possession. They can also face criminal accusations for lying to arms dealers to obtain weapons, and depending on the facts of…
Florida Court Discusses Grounds for Imposing Pre-Trial Detention
One of the initial questions many criminal defendants have is whether they will be released on bail prior to their criminal trials. If a defendant is detained prior to trial, it may not only result in a loss of liberties, but it may also greatly impact the defendant’s ability to…
Florida Court Rules RICO Conspiracy Is Not a Crime of Violence
In many cases in which a person engages in criminal activity while using a firearm, he or she may be charged with additional offenses in addition to facing charges for the underlying crime. For example, a person that commits a crime of violence while carrying a weapon may be charged…
Florida Court Discusses What Constitutes a Reasonable Hypothesis of Innocence for the Crime of Possession of a Firearm by a Felon
If you are convicted of a felony in Florida, in addition to other penalties and fines, you are prohibited from owning a gun. Therefore, if you are found to be in possession of a gun following your conviction, you will face criminal charges. Unless the police actually find the gun…
Defendant’s Conviction Reversed on Appeal After Prosecution Failed to Instruct Florida Jury on a Lesser Included Offense
Florida juries are given what some courts describe as an inherent pardon power to return a verdict of guilty for a lesser offense. However, the jury must be instructed as to lesser included offenses. If not, this may constitute a per se reversible error. In a recent decision, the appellate court found that…