Gun and Firearm Charges Defense in West Palm Beach

Florida has some of the most complex and serious firearm laws in the country, and being charged with a gun-related offense can carry severe legal consequences — including mandatory minimum prison sentences, hefty fines, and the long-term impact of a permanent criminal record. Gun charges can arise as standalone offenses or be attached to other criminal cases, significantly enhancing potential penalties.

At The Ishak Law Firm, our West Palm Beach-based criminal defense team has extensive experience defending clients against a wide range of firearm-related charges. From concealed carry violations to serious felon-in-possession cases, we work aggressively to protect our clients’ rights, freedom, and future.

Common Gun and Firearm Charges in Florida

Some of the most frequently prosecuted gun-related offenses in Palm Beach County include carrying a concealed firearm without a permit under F.S. 790.01, a third-degree felony punishable by up to five years in prison and a $5,000 fine. Another common charge is possession of a firearm by a convicted felon under F.S. 790.23, a second-degree felony that carries a penalty of up to fifteen years in prison, with a mandatory minimum sentence of three years if convicted. Improper exhibition of a firearm, as defined by F.S. 790.10, involves displaying a firearm in a rude, careless, angry, or threatening manner in the presence of others. Unlawful discharge of a firearm in public under F.S. 790.15 involves firing a gun in public places such as highways, parks, or residential neighborhoods and can be charged as either a first-degree misdemeanor or a third-degree felony, depending on the situation. It is also a crime to carry a firearm into prohibited places such as schools, courthouses, airports, or government buildings. Additionally, the use or possession of a firearm during the commission of a felony offense can trigger enhanced penalties under Florida’s 10-20-Life law, significantly increasing prison sentences based on the circumstances of the crime.

Mandatory Minimum Sentences and Firearm Enhancements

Florida’s firearm sentencing laws are notoriously harsh. Under the state’s 10-20-Life law, outlined in F.S. 775.087, possessing a firearm during the commission of a felony carries a mandatory minimum prison sentence of 10 years. If a firearm is discharged during the commission of a felony, the mandatory minimum increases to 20 years. In cases where someone is injured or killed as a result of discharging a firearm during a felony, the law imposes a sentence of 25 years to life in prison.

Even if a firearm was not fired or brandished, its mere possession during certain crimes can drastically increase the penalties. Our firm has successfully challenged these enhancements and negotiated lesser charges or alternative sentencing in cases involving firearm enhancements.

Defenses to Gun and Firearm Charges

At The Ishak Law Firm, we leave no detail unchecked when building your defense against firearm charges. Some of the most effective legal defenses to Florida firearm offenses include challenging illegal search and seizure, where if law enforcement obtained a firearm through an unlawful stop, search, or seizure, we can file a motion to suppress the evidence under the exclusionary rule, which could lead to a dismissal or reduction of charges. Another defense is lack of knowledge, which applies when a firearm is discovered in a vehicle or residence occupied by multiple people and the State cannot prove the defendant knew about the firearm or had control over it. In certain cases, we may argue temporary or innocent possession, such as when someone momentarily possesses a firearm for lawful purposes, like moving it to a safe place during an emergency. A lack of intent or accidental discharge defense may be available in cases involving alleged improper exhibition or discharge of a firearm, where the defendant’s actions were unintentional. Additionally, if the possession or use of a firearm was legally justified for self-defense, defense of others, or defense of property, Florida’s Stand Your Ground law, under F.S. 776.032, provides immunity from prosecution.

Contact an Experienced West Palm Beach Criminal Defense Attorney Today

A firearm charge can have life-altering consequences. At The Ishak Law Firm, we are committed to protecting your rights, challenging unlawful searches, fighting firearm enhancements, and securing the most favorable outcome for your case.

If you or a loved one has been charged with a gun or firearm offense, contact our office for a free, confidential consultation with a West Palm Beach lawyer experienced in handling firearm charges. Let us put our courtroom experience, strategic defense skills, and client-first approach to work for you.