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Taking Firearm From Law Enforcement Officer



What is Taking a Firearm From a Law Enforcement Officer?

Taking a firearm from a law enforcement officer is a serious criminal offense in Florida. According to Florida Statute 775.0875, this crime involves unlawfully taking possession of a firearm from an officer who is lawfully engaged in their duties. The statute aims to protect law enforcement officers and ensure public safety by imposing severe penalties for such actions.

To be charged with this crime, the prosecution must prove several key elements:

  • Unlawful Taking: The defendant took the firearm without authorization.
  • Lawful Engagement: The officer was lawfully engaged in their duties at the time of the incident.
  • Knowledge: The defendant knew that the person from whom they took the firearm was a law enforcement officer.

For example, if an individual forcibly takes a firearm from an officer during an arrest or while the officer is performing their duty, it constitutes an unlawful act. The severity of this crime is underscored by the fact that it endangers the lives of law enforcement officers and the public.

What is the legal definition of taking a firearm from a law enforcement officer? Taking a firearm from a law enforcement officer is defined as the unauthorized taking of a firearm from an officer who is lawfully engaged in their duties, knowing that the individual is a law enforcement officer.

Understanding the legal ramifications and the specific elements that constitute this crime is crucial. If you or someone you know is facing such charges, it’s imperative to seek legal counsel immediately. The complexities of Florida law require experienced defense strategies to navigate successfully.

At Leppard Law, we specialize in defending clients against serious firearm charges. Our team of Orlando Firearm Lawyers is well-versed in Florida’s criminal statutes and is dedicated to achieving the best possible outcomes for our clients.

Florida Courthouse

We understand that facing criminal charges can be overwhelming. Our compassionate approach ensures that you are not alone in this difficult time. We treat our clients like family, always putting their best interests first. If you need help, contact us today for a free consultation at 407-476-4111.

Moreover, the legal landscape surrounding firearm offenses is intricate. For instance, if the firearm taken from the officer is used to commit another crime, the penalties can be significantly enhanced. This reclassification of offenses underscores the importance of robust legal defense.

For more information on related firearm offenses, you can explore our pages on strategic defense for weapon-involved offenses and defending against weapon display allegations.

If you or a loved one is facing charges related to taking a firearm from a law enforcement officer, don’t hesitate to reach out. At Leppard Law, we have the experience and dedication to provide the defense you need. Call us at 407-476-4111 to schedule your consultation today.

Penalties for Taking a Firearm From a Law Enforcement Officer

The penalties for taking a firearm from a law enforcement officer are severe and can result in significant prison time. Under Florida Statute 775.0875, this offense is classified as a third-degree felony. The penalties for a third-degree felony in Florida can include:

  • Up to 5 years in prison
  • Up to 5 years of probation
  • Fines up to $5,000

What are the penalties for taking a firearm from a law enforcement officer? Under Florida Statute 775.0875, taking a firearm from an officer is a third-degree felony punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

It’s crucial to understand that these penalties can have a profound impact on your life. A felony conviction can affect your employment opportunities, your right to vote, and even your ability to obtain housing. The stigma associated with a felony conviction can follow you for years, making it essential to have a robust defense if you are facing such charges.

Additionally, the financial burden of fines, legal fees, and mandatory programs can be overwhelming. If you’re a professional, such as a nurse or a commercial airline pilot, a felony conviction can jeopardize your career and professional license.

Enhanced Penalties

If the defendant commits another crime involving the firearm taken from the law enforcement officer, the penalties can be reclassified and significantly increased. For example:

  • A second-degree felony can be reclassified to a first-degree felony
  • A third-degree felony can be reclassified to a second-degree felony
  • A misdemeanor can be reclassified to a third-degree felony

Enhanced penalties for taking a firearm from a law enforcement officer include reclassification of the crime if another offense is committed. For instance, a second-degree felony can be elevated to a first-degree felony.

These reclassifications mean that the severity of the punishment increases, potentially leading to longer prison sentences and higher fines. For example, a second-degree felony reclassified to a first-degree felony can result in up to 30 years in prison. This underscores the importance of understanding the full scope of the legal ramifications and seeking experienced legal counsel to navigate these serious charges.

Moreover, the reclassification of crimes can also affect sentencing under Florida’s Criminal Punishment Code. For example, a Level 6 offense under this code starts at 36 points on the sentencing guidelines score sheet. This is close to the 44-point threshold required for a mandatory state prison sentence. If additional charges or violations add enough points to surpass 44, the formula (total points − 28) × 0.75 would apply, potentially leading to a state prison sentence.

Law Enforcement Officer

Without additional points pushing the total over 44, alternative sanctions like probation, fines, or community service are more likely. However, once the threshold is crossed, the chances of avoiding prison diminish significantly. This makes it even more critical to have a skilled strategic defense in place.

Understanding these enhanced penalties and their implications can be daunting. If you or a loved one is facing charges for taking a firearm from a law enforcement officer, it’s imperative to consult with an Orlando Gun Crime Lawyer who can provide the necessary legal guidance and defense strategies.

At Leppard Law, we have extensive experience in handling firearm-related offenses. Our team of Orlando Weapons Crimes Lawyers is committed to defending your rights and ensuring the best possible outcome for your case. We understand the complexities of the law and are here to help you navigate through this challenging time.

Don’t let a serious charge like this ruin your future. Contact Leppard Law today at 407-476-4111 to schedule a free consultation and discuss your case with one of our experienced attorneys. We are here to provide the support and legal expertise you need to fight these charges effectively.

Examples of Taking a Firearm From a Law Enforcement Officer

Understanding the real-world application of this law can help clarify its scope and severity. Here are some hypothetical examples:

  • Example 1: During a routine traffic stop, an individual forcibly takes the officer’s firearm and flees the scene. This scenario not only endangers the officer but also puts the public at risk. The individual might face charges for possession of a firearm by a convicted felon if they have a prior record.
  • Example 2: During a protest, an individual wrestles a firearm away from an officer attempting to make an arrest. This act can escalate tensions and lead to additional charges, such as using a firearm while under the influence if the individual is found to be intoxicated.
  • Example 3: An individual breaks into a police car and steals a firearm from the vehicle while the officer is on duty nearby. This scenario highlights the importance of securing law enforcement equipment and can lead to charges for altering a firearm’s serial number if the individual attempts to modify the weapon.

These examples illustrate the various scenarios in which someone might unlawfully take a firearm from a law enforcement officer, highlighting the importance of understanding the legal ramifications. Florida’s criminal statutes are strict when it comes to protecting law enforcement officers and the public from such dangerous acts. The law aims to deter these actions by imposing severe penalties and reclassifying the crimes based on the severity of the offense.

What are the penalties for taking a firearm from a law enforcement officer? The penalties can include up to 5 years in prison, up to 5 years of probation, and fines up to $5,000. Enhanced penalties apply if another crime is committed using the firearm.

It’s essential to remember that these penalties are not just theoretical. They have real-life consequences that can impact your freedom, financial stability, and future opportunities. For instance, a conviction can lead to a criminal record that affects your ability to find employment, secure housing, or even maintain personal relationships. The ripple effects of a conviction can be long-lasting and far-reaching.

At Leppard Law, we understand the gravity of these charges and the impact they can have on your life. Our experienced Orlando Weapons Crimes Lawyers are dedicated to providing you with a robust defense. We take the time to investigate every detail of your case, ensuring that all possible defenses are thoroughly explored.

For those facing charges related to taking a firearm from a law enforcement officer, it’s crucial to seek legal representation immediately. The sooner you contact an attorney, the better your chances of building a strong defense. Our team is here to support you every step of the way, from the initial consultation to the resolution of your case.

Additionally, understanding the nuances of Florida’s criminal laws can be complex. For example, if you are charged with possession of a short-barreled rifle, the penalties and defenses can differ significantly from those related to taking a firearm from an officer. Each case requires a tailored approach to ensure the best possible outcome.

At Leppard Law, we pride ourselves on treating our clients like family. We always put your best interests first and fight for the best possible outcome for your case. Our commitment to excellence has earned us recognition as one of the top criminal defense firms in Orlando. But don’t just take our word for it—experience it for yourself by scheduling a free consultation today.

Contact us at 407-476-4111 to discuss your case with an experienced Orlando Firearm Lawyer. Let us provide the support and legal expertise you need to navigate this challenging time.


Defenses Against Charges of Taking a Firearm From a Law Enforcement Officer

Facing charges for taking a firearm from a law enforcement officer is a serious matter, but it’s not hopeless. There are several legal defenses that an experienced attorney might employ to challenge these charges effectively. Understanding these defenses can make a significant difference in the outcome of your case.

What are some defenses against charges of taking a firearm from a law enforcement officer? Defenses can include lack of intent, self-defense, mistaken identity, and coercion.

Lack of Intent: One of the primary defenses against this charge is proving that the defendant did not have the intent to take the firearm unlawfully. Intent is a crucial element in criminal cases, and the absence of it can lead to a dismissal or reduction of charges. For example, if the firearm was taken accidentally or without the knowledge that it belonged to a law enforcement officer, this defense could be viable.

Self-Defense: Another strong defense is self-defense or the defense of others. If the defendant took the firearm to protect themselves or someone else from imminent harm, this could be a valid defense. This is especially relevant in situations where the officer’s actions might have been perceived as a threat to the defendant’s safety.

Mistaken Identity: Mistaken identity is a common defense in cases involving multiple suspects or chaotic situations. If the defendant can prove that they were wrongly identified as the person who took the firearm, this defense can result in a not-guilty verdict. This often involves presenting alibi evidence or witness testimonies to establish the defendant’s whereabouts during the incident.

Coercion: Coercion or duress is another potential defense. If the defendant was forced to take the firearm under threat or harm, this defense could be applicable. For instance, if someone else threatened the defendant with violence unless they took the firearm, this could mitigate the charges.

Criminal Defense Lawyer

An experienced Orlando Weapons Crimes Lawyer will thoroughly investigate the circumstances of your case to determine the most effective defense strategy. They will gather evidence, interview witnesses, and work tirelessly to ensure that your rights are protected throughout the legal process.

It’s also important to consider the broader context of the incident. For example, if the defendant was involved in a situation where the officer’s actions were questionable, this could impact the case. An experienced attorney can scrutinize the officer’s conduct and procedures to identify any inconsistencies or procedural errors that could be used in your defense.

Moreover, understanding the legal nuances of Florida’s statutes is crucial. According to Florida Statute 775.0875, the penalties for taking a firearm from a law enforcement officer can be severe, but the statute also provides room for legal interpretation. A skilled attorney can leverage this to your advantage.

For instance, if the firearm was not taken while the officer was lawfully engaged in their duties, this could be a significant point of contention. The prosecution must prove that the officer was performing their lawful duties at the time of the incident, and any deviation from this can weaken their case.

Additionally, the context of the incident can play a vital role. For example, in cases involving protests or public disturbances, the chaotic environment can lead to misunderstandings and wrongful accusations. An attorney can use video footage, eyewitness accounts, and other evidence to build a compelling defense.

Another critical aspect is the defendant’s background and character. If the defendant has no prior criminal record and can demonstrate good character through testimonies from employers, family members, and community leaders, this can positively influence the case.

Furthermore, negotiating a plea deal might be a strategic option in some cases. An experienced attorney can negotiate with the prosecution to reduce the charges or penalties, especially if the evidence against the defendant is not strong. This can result in lesser charges, such as possession of a firearm without authorization, instead of taking it from an officer.

In conclusion, facing charges for taking a firearm from a law enforcement officer is daunting, but with the right legal strategy, it’s possible to mount a strong defense. At Leppard Law, our experienced attorneys are dedicated to exploring all possible defenses and ensuring that you receive the best possible outcome. Don’t face these charges alone. Contact us today for a free consultation and let us help you navigate this challenging legal journey.


Infographic depicting the words Taking Firearm From Law Enforcement Officer


What constitutes taking a firearm from a law enforcement officer?

Taking a firearm from a law enforcement officer involves unlawfully taking possession of a firearm from an officer who is lawfully engaged in their duties. This act is considered a serious criminal offense under Florida Statute 775.0875.

What are the possible defenses against charges of taking a firearm from a law enforcement officer?

Possible defenses include lack of intent, self-defense, mistaken identity, and coercion. An experienced attorney can evaluate the specifics of your case to determine the best defense strategy.

What are the penalties for taking a firearm from a law enforcement officer in Florida?

The penalties for taking a firearm from a law enforcement officer in Florida include up to 5 years in prison, up to 5 years of probation, and fines up to $5,000. Enhanced penalties may apply if another crime is committed with the firearm.

Can charges be reduced or dismissed in cases of taking a firearm from a law enforcement officer?

Yes, charges can potentially be reduced or dismissed depending on the circumstances of the case. An experienced attorney can negotiate with the prosecution and explore all possible defenses to achieve the best possible outcome.

Explore additional practice areas we serve to find the legal support you need:

Orlando Gun Crime Lawyer Improper Exhibition of a Firearm
Concealed Carry Laws Defense for Weapon Offenses
Weapon Display Allegations Discharge of Firearm in Public
Return of Firearm Furnishing Weapons to Minors
Possession by a Convicted Felon Altering Firearm Serial Number
Using a Firearm Under Influence Discharging Destructive Device
Possession of Short-Barreled Rifle Making a Fake Bomb Threat
Threat to Discharge Destructive Device Reckless Discharge of a Firearm

Top-Rated Firearms Lawyers Serving Florida

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