Firearms and Weapons Defenses
Crimes involving firearms and other deadly weapons are treated very seriously in Florida, with offenses such as manslaughter and carrying a concealed weapon being filed as felonies. If you have been charged with a weapons related crime, you are likely very worried about the potential consequences that could follow a conviction. Sarasota weapons lawyer Erika Valcarcel has spent her legal career as both a prosecutor as well as a defender. By cultivating well-rounded experiences on both sides of the courtroom, she knows how to approach various weapons crimes in Florida. The state of Florida heavily protects the second amendment right to bear arms which makes it possible to use a number of exceptions and defenses to get your charges reduced or eliminated.
Call (941) 363-7900 today to see how Erika Valcarcel, Criminal Defense Lawyer, P.A. can help you avoid spending time behind bars.
Stand Your Ground
In cases involving the use of deadly force with a firearm or weapon, the “Stand Your Ground” law lists circumstances in which killing another human being is legal and justified. Anyone accused of a homicide can have their charges dismissed if one or both of the following elements apply:
- The accused believed, within reason, that the use of deadly force was necessary to protect themselves, another person, or to prevent the victim from committing a dangerous felony
- The accused was defending their residence from a home invader or from someone trying to enter their vehicle
The idea of being legally allowed to use deadly force when the situation demands it is nothing new. This concept has been a part of Florida law for over a century. The “Stand Your Ground” law differs from pre-existing statutes in that it introduces a “no duty to retreat” rule. Prior to the introduction of this law, people were required to at least attempt an escape from danger before using deadly force.
Concealed Weapons Exceptions
Many crimes involve possessing, using, or firing a weapon illegally. However, one of the most commonly assigned is carrying a concealed weapon without a permit. According to Section 790.25 of Florida Statutes, there are several exceptions that make these crimes legal. One of these exceptions states that it is entirely legal for a person to carry a concealed weapon in their home or place of business without a permit. Within this definition, home is defined as an individual’s property and any structures thereon. “Place of business”, on the other hand, is referred to as a person’s place of employment. The business does not have to be owned by the person being accused.
It is also legal to carry a concealed weapon without a permit on a private conveyance. This means that you cannot be convicted of carrying a concealed weapon in your own vehicle, boat, or aircraft. This exception applies to any privately owned vehicle, whether it is owned by you, a friend, or a family member. It can even be used when you are the passenger in a vehicle.
Let Erika Valcarcel, Criminal Defense Lawyer, P.A. Protect Your Freedom
There is no doubt that charges related to firearms and other weapons can negatively impact every aspect of your life. Beyond criminal sentencing, a record can turn your world upside down. Finding a job might be all but impossible, and continuing your education could be stifled. As an attorney for weapons charges in Sarasota, Erika Valcarcel realizes that a criminal charge can seriously disrupt your life and endanger your freedom. Above all else, she believes the key to winning your case is listening to your side of the story. Once all of the details have been gathered, your case can be presented in the best possible light.