Gun Crimes Lawyer in Orlando

Florida Firearm Defense Across Misdemeanors, Felonies & Mandatory Minimums

A firearm charge in Florida can escalate quickly. When a gun is present during another felony, mandatory minimums can stack onto the underlying sentence before a case ever reaches trial. Attorney Lyle Mazin is a former Public Defender and litigation attorney in Orlando with extensive experience in both jury trials and bench trials, handling criminal cases from misdemeanors to complex felonies. He understands where these charges are headed and how to challenge them early.

If you or someone you know is facing a weapons charge in the Orlando area, don’t wait to get legal counsel. Call (407) 477-6744 to schedule a consultation with Attorney Mazin.

Florida Firearm Charges an Orlando Defendant May Face

Florida law covers a wide range of weapons-related offenses, each carrying its own exposure. Under Florida Statute 790.23, it’s a second-degree felony punishable by up to 15 years in prison for a convicted felon or other prohibited person to own or possess a firearm, ammunition, or an electric weapon device. Separate statutes address improper exhibition and unlawful discharge, tied to how a weapon was displayed or fired rather than who possessed it.

Carrying a concealed firearm in Florida requires a license issued through the Florida Department of Agriculture and Consumer Services under Florida Statute 790.06. Carrying without that license is a separate criminal offense. And when a firearm is present during an aggravated assault, aggravated battery, robbery, burglary, or carjacking, Florida law can add an enhancement that increases the mandatory sentence for the underlying felony.

Florida’s 10-20-Life Law & What It Means for Your Case

Florida Statute 775.087, known as the 10-20-Life law, imposes mandatory minimum prison sentences for certain felonies committed with a firearm. The tiers are straightforward: 10 years for possessing the weapon during a qualifying felony, 20 years for discharging it, and 25 years to life if the discharge causes death or great bodily harm. A convicted felon who possesses a firearm during certain offenses may face a reduced 3-year mandatory minimum rather than the standard 10-year floor under a separate provision of the same statute.

Two features make these sentences especially serious. First, 10-20-Life sentences run consecutively to the sentence for the underlying felony, meaning they don’t overlap. Second, defendants aren’t eligible for early release except through pardon, clemency, or conditional medical release. Since a 2016 amendment, judges have discretion to go below the mandatory minimum when the specific underlying charge is aggravated assault with a firearm. For most other qualifying felonies, the mandatory minimum remains fixed, and prosecutors retain significant discretion over whether it applies through their charging decisions.

Defense Strategies in Florida Gun Cases

Gun cases turn on specific legal and factual questions. Prosecutors must prove beyond a reasonable doubt that a defendant had actual or constructive possession of the firearm. Constructive possession requires showing the defendant knew the firearm’s location and had both the ability and intent to control it. That standard is harder to meet than it sounds, and it’s one of the first things we examine.

Evidence gathered through an unlawful stop, search, or seizure can be challenged under the Fourth Amendment and potentially suppressed before trial. Florida’s Stand Your Ground law, codified at Florida Statute 776.012, permits the use of deadly force when a person reasonably believes it’s necessary to prevent imminent death or great bodily harm and removes any duty to retreat first. In some cases, successfully challenging the underlying felony charge removes the case entirely from the offenses covered by Florida Statute 775.087, avoiding the mandatory minimum altogether.

Case Results When the Sentence Is Life

Florida’s firearm mandatory minimums can reach 25 years to life. Attorney Mazin has had charges carrying a potential life sentence dismissed in multiple cases and has had a life sentence overturned for one of his clients. Those results don’t guarantee an outcome in any future case, but they reflect the level of advocacy he brings to high-stakes criminal defense.