Armed Robbery, Carrying a Concealed Weapon (CCW) and Weapons Charges
The illegal stealing or taking of another’s property from that person or another by violence or by threat of violence; aggravated larceny. The personal threat of violence and implicit fear on the part of the victim are essential in order to distinguish robbery from burglary.
Robbery committed by a felon carrying a dangerous weapon, whether or not that weapon is actually used or even shown. The crime is tried as any robbery would be in most states, but the weapon serves to bump up the severity of the crime.
Possession of Firearm by Convicted Felon
Possession of a firearm by a convicted felon can be either “constructive” possession or “actual” possession. While there is no mandatory minimum prison sentence for constructive possession, there is a three year minimum mandatory prison sentence for actual possession, with a possibility of up to five years imprisonment. Handling these cases successfully is not easy, however, defenses do exist, and plea bargaining may keep you out of prison.
Concealed carry, or CCW (carrying a concealed weapon), refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one’s person or in proximity.
While there is no federal law specifically addressing the issuance of concealed carry permits, 49 states have passed laws allowing citizens to carry certain concealed firearms in public, either without a permit or after obtaining a permit from local government and/or law enforcement. The states give different terms for licenses or permits to carry a concealed firearm, such as a Concealed Handgun License/Permit (CHL/CHP), Concealed Carry Weapons (CCW), Concealed (Defensive/Deadly) Weapon Permit/License (CDWL/CWP/CWL), Concealed Carry Permit/License (CCP/CCL), License To Carry (Firearms) (LTC/LTCF), Carry of Concealed Deadly Weapon license (CCDW), Concealed Pistol License (CPL), etc.
Carrying a Concealed Firearm (CCF) or Carrying a Concealed Weapon (CCW)
Unless you have a Concealed Weapons Permit (CWP) carrying a concealed firearm other than on your own property or the property of your business is a third degree felony in Florida punishable by up to five years imprisonment. [Florida Statute 790.01]. A similar provision applies to other weapons that are not firearms, however, the punishment is a first degree misdemeanor. The most common arrest for carrying a concealed firearm in Florida is when a hand gun is placed under a seat in a car without the hand gun being placed inside a snapped holster. This is generally against the law because the firearm is not “securely encased”.
West Palm Beach Weapons Charges Defense Attorney
At the law firm of Andrew D. Stine, P.A. in West Palm Beach, we represent people arrested on weapons charges, including:
- Carrying a concealed weapon
- Improper exhibition of a weapon
- Aggravated assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Possession of a weapon by a convicted felon
- Firing or shooting an object into an occupied building
In Florida, many weapons charges are subject to mandatory minimum prison sentences of at least three years. Even if you are not facing prison time, a conviction on a weapons charge could have a very negative effect on your life. Most employers do not want to hire an employee with a criminal record. Florida landlords conduct background checks of prospective renters, so a conviction could also affect your ability to rent an apartment.
Many weapons cases can be resolved without a criminal record if your lawyer has you immediately perform community service, complete a weapons class, and apologize to the victim (if there was one). It is essential that the state’s charging attorney understand who you really are, while providing evidence that shows you are much more than what the law enforcement agent makes you out to be.
If you are not guilty of the charge, lawyer Andrew Stine can attack the government’s case. There are many defenses an experienced lawyer can use in a weapons case, including self defense, false allegation, false identification, entrapment, and improper search and seizure of the weapon. In some cases, the act you are charged with may not even be illegal. For example, if the butt of a handgun sticks out of your pocket and is visible, you cannot be charged with concealing a weapon.
Being proactive in a weapons case can often make the difference between facing felony or misdemeanor charges, or whether any charges are filed at all.
Free consultation 24/7:
Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.