Criminal Offenses Involving Firearms in Florida

There are numerous offenses criminalized under state and federal law. Examples of state-level crimes in Florida include: aggravated assault, sexual battery, burglary, robbery, theft crimes and many more. While each offense criminalized under Florida law has its own penalties and sentencing under the Florida Statutes, when the offender uses a firearm, they commit a separate crime under Section 790.07(2) of the Florida Statutes.

Under Sec. 790.07(2) it reads: “Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree...” In Florida, a felony of the second degree is punishable by up to 15 years in prison, and by a fine not to exceed $10,000.

What does Sec. 790.07(2) mean to you? It means that if while committing or attempting to commit any felony, if you use or display or attempt or threaten to use a firearm, of if you even carry a concealed weapon, you are guilty of a second-degree felony. However, the following crimes are excluded:

  • Bigamy
  • Unfair trade practices
  • Restraints of trade
  • Antitrust violations
  • Nonsupport of dependents

Prior Convictions Enhance Penalties

Suppose you were previously convicted under Sec. 790.07(2) and afterward, you displayed, used, threatened, or attempted to use a firearm or any weapon, or carry a concealed weapon while committing a felony or trying to commit a felony. In that case, you commit a felony in the first-degree under Sec. 790.07(4), punishable by up to 30 years in prison, and by a fine not to exceed $10,000.

Related: Why Enter a Plea Bargain?

Are you accused of using a firearm while committing or attempting to commit a felony in West Palm Beach? If so, your situation demands a strong defense. I urge you to contact my firm to arrange a free initial consultation. Call (561) 475-2752 to get started.


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