What are Weapon Enhancements in Florida?

In Florida, weapon enhancements have a significant impact on sentencing in criminal procedures. It typically means that you will face a harsher sentence than you would if there was not a weapons enhancement in your case. Still, you have the right to fight back against any charges against you, including a weapons enhancement. In criminal court, the burden of proof is very high. Our Fort Lauderdale weapons crime lawyers will work with you to fight the evidence presented by the prosecution and ensure your rights are protected.

What is a Weapons Enhancement? 

The “10-20-Life” law, found in the Florida Statutes reclassifies felony offenses and increases penalties when a firearm or other weapon was used or displayed during the commission of a crime. This is the weapon enhancement law. Even having a firearm on your person while committing an offense can result in a long prison sentence. If a weapon is used, the penalties are increased even further. If someone is hurt or loses their life due to the use of a weapon, the penalties can include decades, or even life, in prison.

What is Considered a Weapon in Florida?

Prosecutors are quick to argue that an item was a weapon, even when that is not the case. For example, a pocketknife can be considered a weapon depending on how it was used and its size. The Florida Statutes do provide a definition of ‘weapons,’ but the definition is broad and the courts have given different interpretations of what constitutes a weapon. The differences in these interpretations is very important, as it can change the whole outcome of a case.

It is often possible to defend the use or possession of knives, tools, and even household objects when arguing a case. Whether an item is classified as a weapon typically depends on the manner in which the item was designed or if it was used in a manner that was likely going to result in serious harm.

How to Defend Weapons Enhancements 

There are many ways to challenge a weapons enhancement in Florida. Your lawyer may argue that the item in question was not present at the scene, or that law enforcement only discovered it as a result of an unlawful search that violated your rights. It may also be possible to show that the item was not a weapon and that it was not used as one. Witness testimony regarding the display or use of a weapon can also be challenged in court, as it is often unreliable. Additionally, if you were unaware of the presence of the weapon, this can also serve as a defense.

Our Weapons Crimes Lawyers in Fort Lauderdale Can Fight Back Against Enhancements 

Weapons enhancements are often used to increase charges and secure harsher consequences, even when the accused is innocent. At Haber Blank, LLP, our Fort Lauderdale weapons crimes lawyers can fight back against these enhancements, and your other charges, so your freedom and rights are protected. Call us today at 954-767-0300 or contact us online to request a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.001.html