Category Archives: Gun Crime
Does “Stand Your Ground” Apply to Killing a Dog in Self-Defense?
Florida’s Stand Your Ground (SYG) law allows a criminal defendant to file a motion to dismiss the charges against them if they can show they acted in self-defense. More precisely, the SYG law provides that a person is immune from criminal prosecution if they used non-deadly force to defend himself or another “against the… Read More »
What Is the Armed Career Criminal Act?
Federal law has long barred convicted felons from owning or possessing firearms. Indeed, a person with a prior felony conviction can be charged with a new-and-separate felony if they are found possessing a handgun or other firearm. And in some cases, such possession may trigger the Armed Career Criminal Act (ACCA). What Are “Violent… Read More »
Can a Miami Police Officer Seize a Gun in “Plain View” During a Traffic Stop?
The right to own a firearm in Florida is not without limits. Convicted felons generally cannot legally possess any firearms unless their civil rights have been restored. And of course, you are not allowed to take someone else’s firearm without their permission. Florida Appeals Court Reverses Trial Judge’s Motion to Suppress Ruling Many firearm… Read More »
How Do You Prove “Possession” of a Firearm in Florida?
Under Florida law, a defendant faces a mandatory minimum prison sentence of 3 years if they “possessed” a firearm during the commission of another felony. It does not matter if the firearm was used to commit the underlying felony. For example, say a person commits robbery. Police found the suspect was carrying a gun… Read More »
Is Pointing a Gun at Someone a “Physical Restraint”?
The possession or use of a firearm during the commission of a crime, such as robbery, is often a factor in how a defendant is sentenced if convicted. For example, federal judges often consult a complex set of Sentencing Guidelines when determining the range of a defendant’s sentence. These guidelines use a base offense… Read More »
What Is “Reasonable Doubt” in a Florida Criminal Trial?
You have likely heard the phrase “reasonable doubt” used in connection with criminal trials. This refers to the prosecution’s burden of proof when attempting to convict a defendant of a criminal charge. The trier of fact–a jury, or a judge sitting alone–must determine whether the state has proved the defendant’s guilt on each element… Read More »
