DAYTONA BEACH WEAPONS CHARGES LAWYER

DEFENSE FOR FIREARM CRIMES IN FLORIDA

Although the Constitution grants every American the right to bear arms, individuals may face weapons charges if they violate state and/or federal firearms laws. At Hager & Schwartz, P.A., we have defended clients throughout Daytona Beach, Deltona, and Volusia County against various weapons charges. With extensive experience in the Florida criminal justice system, we understand the seriousness of your charges and are well-prepared to build a strong defense.

If you have been charged with a weapons offense, contact our Daytona Beach weapons crimes lawyers at (386) 272-6035 for a consultation!

Cases Our Daytona Beach Weapons Charges Attorneys Handle

Facing a weapons-related charge in Florida can be overwhelming, especially when the stakes involve your freedom, future, and reputation. Backed by over five decades of combined legal experience and a background as former state prosecutors, our Daytona Beach weapons charge attorneys know how these cases are built—and how to dismantle them. 

Some of the most common offenses we defend and the strategic approaches we take to protect our clients include:

• Carrying a concealed weapon: Possessing a concealed firearm or weapon without a valid permit can lead to charges. We investigate whether law enforcement had a legitimate reason to stop, search, or detain you, and we challenge any constitutional violations that may have occurred.
• Felon in possession of a firearm: For individuals with prior felony convictions, being caught with a gun can result in serious felony penalties and lengthy prison sentences. Our team evaluates whether the firearm was genuinely in your possession and if the police overstepped legal boundaries during the investigation.
• Improper exhibition of a weapon: This charge typically involves allegedly waving, displaying, or brandishing a weapon threateningly or recklessly. Because these cases often hinge on perception and conflicting accounts, we focus on exposing inconsistencies in the witness testimony or showing that your actions were not intended to intimidate.
• Aggravated assault with a deadly weapon: This is a second-degree felony that involves assaulting someone with a weapon without the intent to kill. We construct a robust defense by examining your intent, any self-defense factors, and whether the prosecution can demonstrate that the weapon was capable of inflicting serious harm.
• Firearm use during the commission of a crime: When a firearm is allegedly used during the commission of another felony, prosecutors often advocate for enhanced sentencing under Florida’s strict gun laws. We strive to separate the weapons allegation from the underlying offense, or argue that the firearm was neither actively used nor presented during the act.
• Discharging a firearm in public or on residential property: Firing a gun in public or from a moving vehicle is often associated with recklessness or intent to harm, but context matters. We explore all relevant evidence, including the possibility of self-defense, mistaken identity, or an accidental discharge, to ensure your story is fully heard.

Each weapons charge is unique, and no two defense strategies should be identical. That’s why our attorneys create a customized defense plan tailored to the specifics of your case. Whether you’re facing a misdemeanor or a felony, our focus remains consistent: to protect your rights, highlight weaknesses in the prosecution’s case, and pursue a favorable outcome.

Is a Gun Charge a Felony in Florida?

If you’ve been arrested on weapons charges, taking your situation seriously is essential, as the penalties for these crimes are severe. Because most weapons and firearms offenses are felonies, the penalties for a conviction often include incarceration in state prison, hefty fines, probation or parole, community service, and more. Additionally, you may lose your right to buy or possess firearms.

What Are the Penalties for Weapons Charges?

Weapons charges in Florida carry a wide range of penalties, from fines and probation to mandatory prison time. The severity of the charge depends on the case facts. 

At Hager & Schwartz, P.A., we understand how overwhelming this process can feel. We can help you make sense of what you’re up against while aggressively working to reduce or dismiss the charges.

In Florida, weapon crimes can be classified into two broad categories: misdemeanors and felonies. Misdemeanors generally involve less severe conduct and carry penalties like up to one year in jail, probation, fines, and a permanent criminal record. Felonies are more serious offenses and can lead to multiple years in prison, significant fines, loss of civil rights (such as voting or firearm ownership), and enhanced penalties for repeat offenders.

A few examples of potential penalties include:

• Improper exhibition of a dangerous weapon or firearm: This is typically charged as a first-degree misdemeanor and carries penalties of up to one year in jail and a $1,000 fine. These cases often hinge on how the weapon was displayed and whether the act was intended to be threatening.
• Felon in possession of a firearm: This offense, classified as a second-degree felony, carries a potential penalty of up to 15 years in prison and a fine of up to $10,000.
• Use or possession of a weapon during the commission of a felony: Under Florida law, if a weapon is carried or used while committing another felony, the underlying offense is elevated:
  • A third-degree felony becomes a second-degree felony
  • A second-degree felony becomes a first-degree felony

This enhancement can add years to a prison sentence and significantly raise the stakes for anyone accused.

The earlier you involve a defense attorney, the more options you may have to avoid harsh outcomes. At Hager & Schwartz, P.A., we begin investigating immediately, reviewing the evidence, identifying constitutional violations (such as unlawful search and seizure), and building a case to seek reduced charges, pretrial diversion, or dismissal altogether. As former prosecutors, we know what the state needs to prove—and we know how to find and expose the weaknesses in their arguments.

How We Defend Against Weapons Charges

When you’re facing weapons charges, it’s natural to feel anxious, confused, or even overwhelmed. You may wonder how a single mistake—or a misunderstanding—led to such serious legal consequences. At Hager & Schwartz, P.A., we understand what you’re going through. And more importantly, we know how to help.

As former state prosecutors with over 50 years of combined experience, we approach every weapon case strategically. We don’t offer one-size-fits-all defense tactics. We craft tailored legal strategies to expose weaknesses in the state’s case and pursue a just outcome for you. 

When we defend against these charges, we:

• Investigate the stop and search: A weapons charge often begins with a traffic stop, a search of your property, or a police encounter. We dig into the details to determine if officers had legal grounds to stop or search you. If your rights were violated—if the search lacked a warrant or probable cause—we file motions to suppress the evidence. Without that evidence, the case may fall apart.
• Challenge the evidence: Prosecutors bear the burden of proving every element of a weapons offense beyond a reasonable doubt. We challenge whether the weapon was operable, actually in your possession, and chain of custody was properly maintained. If inconsistencies, gaps, or procedural flaws exist, we make sure they come to light.
• Raise self-defense (where applicable) or lack of intent: In many cases, the presence of a weapon doesn’t tell the whole story. We work with you to uncover the context, such as whether you were acting to protect yourself or someone else, or whether there was any intent to use the weapon unlawfully. In Florida weapons cases, establishing self-defense or a lack of criminal intent can be powerful defenses.
• Question “possession”: Just because a weapon is found near you doesn’t mean you knowingly possessed it. Ownership and control can be difficult to prove in shared spaces, like cars or apartments. We scrutinize the circumstances of the arrest and challenge the assumption that you had knowledge of or access to the weapon.

Even when the odds seem stacked against you, we fight for every opportunity to reduce the impact of the charge. That could mean negotiating for a lesser offense, pursuing pretrial diversion, or advocating for probation or firearm safety education instead of jail time. Our goal is to protect your future, not just in court, but beyond it.

Daytona Beach Weapons Charges Attorneys Serving Volusia County, FL

If you’re facing weapons charges in Daytona Beach, Deltona, or anywhere else in Volusia County, consider speaking with an experienced Daytona Beach weapons charges lawyer at Hager & Schwartz, P.A. Prosecutors, law enforcement agents, and judges take all weapons crimes very seriously and will not let you off the hook easily.

You can expect to face rigorous questioning and intense criminal prosecution until your case has been resolved. By retaining the services of a Daytona Beach weapons charges attorney at our office, you could improve your chances of beating the charges and avoiding a conviction that could be detrimental to your rights, future, and reputation.

Contact a Daytona Beach weapons charges lawyer from Hager & Schwartz, P.A. at (386) 272-6035 to discuss how we can protect your rights and defend you against your charges.