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Specified Weapons Violation Subsequent to Previous Conviction



Understanding Specified Weapons Violation Subsequent to Previous Conviction

A Specified Weapons Violation Subsequent to Previous Conviction is a serious criminal offense under Florida law. This section will provide a comprehensive explanation of what constitutes this violation, including the legal definitions and elements involved.

Under Florida Statute 790.07, a person who has previously been convicted of certain weapons violations and subsequently commits another weapons-related offense is subject to enhanced penalties. The law specifically targets individuals who:

  • Display, use, threaten, or attempt to use any weapon, firearm, or electric weapon or device while committing or attempting to commit any felony.
  • Carry a concealed weapon or firearm while committing or attempting to commit any felony.

Understanding the nuances of this law is crucial for anyone facing such charges, as the consequences are severe and can significantly impact one’s future.

What is a Specified Weapons Violation Subsequent to Previous Conviction? A Specified Weapons Violation Subsequent to Previous Conviction occurs when an individual, already convicted of a weapons-related offense, commits another weapons-related offense, resulting in enhanced penalties under Florida law.

Florida Statute 790.07 outlines the specific conditions under which these violations occur. For instance, if someone has a prior conviction for using a firearm during a felony and is later caught carrying a concealed firearm while committing another felony, they face harsher penalties. The statute aims to deter repeat offenses by imposing stricter consequences on individuals who continue to engage in illegal activities involving weapons.

Additionally, the statute covers various types of weapons, including:

  • Firearms: Guns, rifles, and other projectile weapons.
  • Electric weapons or devices: Tasers, stun guns, and other electric shock devices.
  • Other weapons: Knives, clubs, and any instrument that can be used as a weapon.

For more detailed information on related weapons offenses, check out our pages on improper exhibition of a firearm and strategic defense for weapon-involved offenses. These resources provide additional context and examples of how weapons laws are applied in Florida.

Understanding the legal framework is essential for anyone charged with a specified weapons violation, especially if they have a prior conviction. This knowledge can help in crafting a strong defense and navigating the complexities of the legal system. If you or a loved one is facing such charges, it is crucial to seek experienced legal representation to ensure the best possible outcome.

Understanding Specified Weapons Violation

At Leppard Law: Weapons Defense Attorneys, we specialize in defending clients against weapons charges in Florida. Our team is dedicated to providing personalized legal services that cater to the unique needs of each client. Contact us today to learn more about how we can help you navigate your legal challenges.

Penalties for Specified Weapons Violation Subsequent to Previous Conviction

The penalties for a Specified Weapons Violation Subsequent to Previous Conviction are stringent and can have long-lasting effects. This section will outline the specific penalties associated with this offense.

According to Florida Statute 790.07(4), the penalties for this violation include:

  • A felony of the first degree, punishable by up to 30 years in prison as provided in s. 775.082, s. 775.083, or s. 775.084.
  • Sentences for these offenses cannot be suspended or deferred, meaning that convicted individuals will serve the full term of their sentence.

These severe penalties underscore the importance of understanding the legal ramifications and seeking competent legal representation if charged with this offense.

Under Florida’s Criminal Punishment Code, a Level 7 offense is associated with a minimum sentence of 56 points on the sentencing guidelines score sheet. Here’s how the sentencing points typically affect the sentence:

  • Point Threshold: For non-state prison sanctions, an offender must score less than 44 points.
  • Sentence Calculation: If the total sentencing points are 44 or more, the formula to calculate the minimum prison sentence in months is (total points – 28) x 0.75.
  • Level 7 Offense: Given that a Level 7 offense starts with 56 points, it already exceeds the 44-point threshold. Therefore, using the formula, the minimum sentence calculation would be (56 – 28) x 0.75 = 21 months. Thus, for a Level 7 offense, the minimum guideline sentence would typically start at 21 months in state prison, assuming no other points are added for additional offenses, legal status violations, or other factors.

These penalties reflect the gravity with which the state of Florida treats repeat offenders of weapons violations. The law aims to deter individuals from reoffending by imposing harsher penalties on those who have already been convicted of similar crimes.

What are the penalties for a Specified Weapons Violation Subsequent to Previous Conviction? A Specified Weapons Violation Subsequent to Previous Conviction is a felony of the first degree, punishable by up to 30 years in prison, with no possibility of suspended or deferred sentences.

Weapon violation penalties

Understanding the potential penalties can be overwhelming, but it’s crucial to be aware of them to fully grasp the stakes involved. If you’re facing such charges, the consequences could be life-altering, impacting not only your freedom but also your personal and professional life.

In addition to prison time, those convicted of a Specified Weapons Violation Subsequent to Previous Conviction may also face substantial fines. According to Florida Statute 775.083, fines for first-degree felonies can reach up to $10,000. This financial burden, combined with the loss of income due to incarceration, can create significant economic strain for the convicted individual and their family.

Moreover, a felony conviction can lead to the loss of certain civil rights, including the right to vote, serve on a jury, and possess firearms. These collateral consequences can further complicate the reintegration process following release from prison.

What are the financial penalties for a Specified Weapons Violation Subsequent to Previous Conviction? Financial penalties can include fines up to $10,000, in addition to the economic strain caused by incarceration.

Given the severity of these penalties, it is imperative to seek experienced legal representation. An attorney who specializes in Orlando Gun Crime Lawyer cases can provide invaluable assistance in navigating the complexities of the legal system and crafting a robust defense strategy.

At Leppard Law, we understand the high stakes involved in such cases and are committed to providing the best possible defense for our clients. Our team of seasoned attorneys is well-versed in Florida’s weapons laws and can help you understand your rights, explore potential defenses, and work towards achieving the best possible outcome for your case.

Don’t let a Specified Weapons Violation Subsequent to Previous Conviction ruin your future. Contact Leppard Law today at 407-476-4111 to schedule a free consultation and learn how we can help you fight these charges.

Remember, the right legal representation can make all the difference. With our expertise and dedication, we strive to provide the support and legal guidance you need during this challenging time.

Examples of Specified Weapons Violation Subsequent to Previous Conviction

To better understand what constitutes a Specified Weapons Violation Subsequent to Previous Conviction, this section will provide hypothetical examples that illustrate the application of the law.

Hypothetical Scenarios

Consider the following scenarios:

  • Scenario 1: John, previously convicted of carrying a concealed firearm, is caught again while attempting to rob a store with a concealed weapon. This would constitute a specified weapons violation subsequent to his previous conviction.
  • Scenario 2: Jane, who has a prior conviction for using a firearm during a felony, is arrested for threatening someone with a gun during a burglary. This also qualifies as a specified weapons violation.

These examples highlight how prior convictions can lead to enhanced penalties for subsequent offenses involving weapons. Understanding these scenarios can help you grasp the seriousness of the charges and the potential consequences.

Another example could be a situation where an individual, already convicted of a felony involving a weapon, is found in possession of a firearm while committing another crime. This directly falls under Florida Statute 790.07, which outlines the severe repercussions for such offenses. According to this statute:

  • Displaying, using, threatening, or attempting to use any weapon, firearm, or electric weapon or device while committing or attempting to commit any felony can lead to first-degree felony charges.
  • Carrying a concealed weapon or firearm during the commission of a felony, especially after a previous conviction, is also heavily penalized under this law.

These scenarios exemplify the strict nature of Florida’s laws regarding repeat offenders and weapons violations. The state aims to deter such behavior by imposing harsher penalties on those with prior convictions.

What constitutes a Specified Weapons Violation Subsequent to Previous Conviction? Any individual with a prior weapons-related conviction who commits another felony involving a weapon can be charged with this violation, leading to enhanced penalties.

For instance, consider a case where an individual, previously convicted of possession of a firearm by a convicted felon, is later found carrying a concealed firearm while committing a felony. This situation clearly falls under the purview of a specified weapons violation subsequent to a previous conviction, as defined by Florida law.

These examples are not just hypothetical; they represent real-life situations that individuals may face. If you find yourself in such a predicament, it is crucial to understand the legal landscape and seek expert legal advice. An experienced Orlando Gun Crime Lawyer can provide the guidance and defense needed to navigate these complex legal waters.

At Leppard Law, we have a deep understanding of Florida’s weapons laws and the nuances involved in defending against such charges. Our team is dedicated to providing personalized legal services, ensuring that each client receives the attention and expertise they deserve. If you or a loved one is facing charges for a specified weapons violation subsequent to a previous conviction, don’t hesitate to reach out to us at 407-476-4111. We are here to help you through this challenging time.

Understanding the gravity of these charges and the potential penalties can be overwhelming. However, with the right legal representation, you can navigate the legal system more effectively. Our attorneys are well-versed in various defense strategies, from challenging the legality of the search and seizure to questioning the evidence presented by the prosecution.

For example, in a scenario where an individual is charged with a specified weapons violation due to possession of a firearm during a felony, our team can investigate the circumstances surrounding the search. If the search was conducted without proper legal justification, any evidence obtained may be inadmissible in court.

Moreover, we understand that each case is unique and requires a tailored approach. Whether it’s arguing a lack of intent or demonstrating insufficient evidence, our goal is to provide the best possible defense for our clients. We also offer support in related areas, such as discharge of a firearm in public or concealed carry laws, ensuring comprehensive legal assistance.

Don’t let a specified weapons violation subsequent to a previous conviction define your future. Contact Leppard Law today to schedule a consultation and learn how we can help you fight these charges. With our experience and dedication, we strive to achieve the best possible outcome for our clients. Call us now at 407-476-4111.


Defenses Against Specified Weapons Violation Subsequent to Previous Conviction

Facing charges for a Specified Weapons Violation Subsequent to Previous Conviction can be daunting, but there are potential defenses that can be employed. This section will discuss some of the common defenses used in such cases.

Some potential defenses include:

  • Lack of Intent: Arguing that the defendant did not intend to use, display, or carry the weapon during the commission of the felony.
  • Unlawful Search and Seizure: Challenging the legality of the search that led to the discovery of the weapon.
  • Insufficient Evidence: Demonstrating that the prosecution lacks sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt.

Each case is unique, and the best defense strategy will depend on the specific circumstances. Consulting with an experienced attorney is crucial for navigating these complex legal issues.

What constitutes a Specified Weapons Violation Subsequent to Previous Conviction? Any individual with a prior weapons-related conviction who commits another felony involving a weapon can be charged with this violation, leading to enhanced penalties.

When facing a specified weapons violation, understanding the potential defenses can make a significant difference in the outcome of your case. One of the most commonly used defenses is challenging the intent behind carrying or using the weapon. For instance, if the prosecution cannot prove beyond a reasonable doubt that you intended to use the weapon during the commission of the felony, this can weaken their case significantly.

Gavel and Scales Symbolizing Criminal Law

Another vital defense is questioning the legality of the search and seizure that led to the discovery of the weapon. Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. If the weapon was found during an unlawful search, any evidence obtained may be inadmissible in court. This can be a powerful defense, potentially leading to the dismissal of charges.

Additionally, the defense may argue insufficient evidence. The prosecution must prove every element of the offense beyond a reasonable doubt. If there are gaps in the evidence or inconsistencies in witness testimony, this can be used to cast doubt on the prosecution’s case. For example, if the weapon was found in a common area where multiple people had access, it might be challenging to prove that the defendant had control over the weapon.

At Leppard Law, our experienced attorneys are well-versed in these and other defense strategies. We understand that each case is unique and requires a tailored approach. Whether it’s arguing a lack of intent, challenging the legality of the search, or demonstrating insufficient evidence, our goal is to provide the best possible defense for our clients.

Moreover, our team is committed to providing personalized legal services. We take the time to understand the specifics of your case and develop a defense strategy that aligns with your best interests. Our attorneys have a deep understanding of Florida’s weapons laws and the nuances involved in defending against such charges. For instance, we have successfully defended clients against allegations of carrying a concealed firearm during the commission of a felony.

Additionally, we offer support in related areas, such as discharge of a firearm in public or using a firearm while under the influence, ensuring comprehensive legal assistance. Our attorneys are skilled in scrutinizing the evidence, questioning the prosecution’s case, and providing a robust defense in court.

What are the penalties for a Specified Weapons Violation Subsequent to Previous Conviction? This violation is a first-degree felony, punishable by up to 30 years in prison, with sentences that cannot be suspended or deferred.

In conclusion, facing charges for a specified weapons violation subsequent to a previous conviction is a serious matter that requires skilled legal representation. At Leppard Law, we are dedicated to defending your rights and providing the support you need during this challenging time. Our team has the experience and expertise to develop a strong defense strategy tailored to your case. If you or a loved one is facing such charges, don’t hesitate to reach out to us at 407-476-4111. We are here to help you navigate the legal system and achieve the best possible outcome.

Remember, the right defense can make all the difference in your case. Whether it’s challenging the legality of the search and seizure or arguing insufficient evidence, our attorneys are prepared to fight for your rights. Contact Leppard Law today to schedule a consultation and learn how we can help you fight these charges.


Infographic depicting the words Specified Weapons Violation Subsequent to Previous Conviction


What is a Specified Weapons Violation Subsequent to Previous Conviction?

A Specified Weapons Violation Subsequent to Previous Conviction occurs when an individual with a prior weapons-related conviction commits another felony involving a weapon. This results in enhanced penalties under Florida law.

What are the penalties for a Specified Weapons Violation Subsequent to Previous Conviction?

The penalties for a Specified Weapons Violation Subsequent to Previous Conviction include a felony of the first degree, punishable by up to 30 years in prison. Sentences for these offenses cannot be suspended or deferred.

How can I defend against a Specified Weapons Violation Subsequent to Previous Conviction?

Defending against a Specified Weapons Violation Subsequent to Previous Conviction can involve several strategies, such as:

  • Lack of Intent: Arguing that there was no intent to use the weapon during the felony.
  • Unlawful Search and Seizure: Challenging the legality of the search that found the weapon.
  • Insufficient Evidence: Demonstrating that the prosecution lacks sufficient evidence.

Consulting with an experienced attorney is crucial.

What should I do if charged with a Specified Weapons Violation Subsequent to Previous Conviction?

If you are charged with a Specified Weapons Violation Subsequent to Previous Conviction, you should immediately contact an experienced criminal defense attorney. At Leppard Law, we specialize in defending against such charges and can help you navigate the legal process. Call us at 407-476-4111 for a free consultation.


Explore additional practice areas we serve to understand the breadth of our expertise:

Improper Exhibition of a Firearm Concealed Carry Laws
Strategic Defense for Weapon Involved Offenses Defend Against Weapon Display Allegations
Discharge of Firearm in Public Motion for Return of Firearm
Furnishing Weapons to Minors Possession of a Firearm by a Convicted
Altering a Firearm’s Serial Number Using a Firearm While Under the Influence
Discharging Any Destructive Device Possession of Short-Barreled Rifle
Making a Fake Bomb Threat Threat to Throw or Discharge Destructive Device
Reckless Discharge of a Firearm Possession of a Firearm in Violation of an Injunction

Top-Rated Weapons Lawyers Serving Florida

Looking for the best Weapons lawyers in Florida? Our distinguished team of attorneys is committed to offering you the best possible defense against your Weapons charges.

  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
  • Joe Easton: Renowned for crafting winning defenses, Joe Easton’s approach to legal advocacy in Florida combines thorough preparation with aggressive representation. His notable recognitions and ratings stand testament to his exceptional service and client-focused approach.
  • Joel Leppard: Joel Leppard infuses every Weapons case with a level of personal commitment and innovative thinking that sets him apart. His leadership has not only grown Leppard Law into a top-rated criminal defense law firm but also ensured that clients receive empathetic, effective legal care.

Discover What Our Clients Are Saying

For us, commitment isn’t just a word; it’s our action plan. We channel this into vigorous work on every case, and the glowing reviews we receive are a gratifying sign of our successful client relationships. You can read more 5-star reviews here.

Contact Leppard Law: Your Trusted Weapons Defense Attorneys

At Leppard Law, we understand the immense stress that comes with facing a specified weapons violation, especially if it’s subsequent to a previous conviction. Our dedicated attorneys are here to provide you with the personalized legal support you need. We treat our clients like family, always putting their best interests first and fighting for the best possible outcome.

Don’t navigate this difficult time alone. Experience the difference of having a committed and compassionate legal team by your side. Contact us today to schedule a free consultation and take the first step towards a robust defense. Call us at 407-476-4111.

But don’t just take our word for it. Our firm has been recognized among the best in the industry:

SuperLawyers “Rising Star” SuperLawyers, 2019-2020
Awesome Attorneys Orlando Orlando Family Magazine, 2019-2023
Best Criminal Defense Lawyers in Orlando Expertise, 2024
Top 10 Criminal Defense Attorneys near Orlando, FL Thumbtack, 2024
Best DUI Lawyers in Orlando Expertise, 2024

Our accolades are a testament to our commitment to excellence and client satisfaction. Let us put our award-winning expertise to work for you. Call 407-476-4111 today to schedule your free consultation and secure the legal representation you deserve.


Trusted Content

Legally Reviewed by Joe Easton

Expert Florida Weapons Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your Weapons case is not just defended but championed with dedication and expertise.

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