Board-Certified Criminal Defense Representation In Central Florida

What are some common defenses to weapons charges?

by | Sep 14, 2018 | Weapons Crimes |

Facing a weapons charge in Florida is never easy. You likely aren’t sure what you will come of your freedom or your ability to own a firearm. It’s always important to know the law ahead of time so you aren’t faced with any surprises should you wind up charged with a weapons crime. Let’s take a look at some of the defenses you can use to a weapons charge in today’s post.

One common defense to a weapons charge is to argue that the search of your person or property and subsequent seizure of the weapon in question was done so illegally. Police officers must have probable cause before subjecting you to a search and must have a search warrant for your property. If the officer lied to obtain a search warrant or searched you without cause, it might help have the charge dismissed.

A less common defense to use against a weapons charge is to argue that the item that was on your person during the traffic stop or commission of a crime was not actually a weapon. For example, there might have been a pipe, bat or another object in your car that is not usually identified as a weapon.

You can also claim self-defense or the defense of another person when faced with a weapons charge. You will need to show that you or the person you defended were in danger, which is what led you to brandish or use the weapon.

It’s also possible to claim that the weapon used was not illegal or that you never possessed the weapon in the first place. This is quite a difficult defense to prove, as you will need a lot of evidence in support of your claim.

Finding the right defense to a weapons charge can be difficult based on the evidence presented by the prosecutor assigned to your case. No matter how bad your situation looks, it’s still a good idea to defend against the weapons charges as best as you can.