Arrested on Illegal Possession Of A Firearm561.880.4300
A 13-year-old boy was arrested Friday afternoon after he dropped a gun hidden in the waistband of his pants and it fired when hitting the ground, Fort Pierce Police report. No one was injured when gun went off, said police spokesman Sgt. Dennis McWilliams, who also reported that the gun had been stolen last November in St. Lucie County.
Police charged the juvenile with carrying a concealed firearm, grand theft and illegal possession of a firearm by a juvenile. He was taken to the juvenile detention center.
What is Gun Possession?
Illegal gun possession, also commonly referred to as the criminal possession of a weapon, carries increasingly strict penalties. Many communities have taken steps to reduce gun violence by enacting harsher penalties for not only the use of guns in the commission of a crime, but for the mere possession of an illegal firearm.
When is Gun Possession Illegal?
Someone knowingly has in his or her possession a firearm
Not a legally licensed gun holder – this includes those without a valid permit, on probation, or have some other restriction that does not allowed them to possess a gun
The gun generally doesn’t have to be loaded but it must be capable of discharging ammunition
Often different rules apply to when it is permissible to carry a gun in public versus having a firearm in one’s home.
Factors That Increase Punishments
Possession on or near school grounds
Probation or parole terms forbid you to posses a gun
Community attitudes toward gun possession and gun violence
Aggravating or mitigating circumstances
A juvenile offense can have serious consequences for both the child and the parent and legal guidance is extremely important. The stages of the Juvenile Justice System are different than the adult system and cases typically travel through the juvenile system much faster.
West Palm Beach Weapons Charges Defense Attorney
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.