F.S. 790.07 & F.S. 775.087 – Florida Firearm Enhancements

Florida law takes crimes involving firearms extremely seriously. Individuals can face enhanced penalties if a firearm is used during the commission of certain offenses. Two of the key statutes that govern these enhancements are Florida Statutes 790.07 and 775.087. 

As a Fort Lauderdale criminal defense lawyer can explain, both statutes impose harsher penalties when a firearm is involved. Understanding these laws is crucial for anyone facing charges that involve weapons. Contacting an experienced defense attorney as soon as possible after arrest (and letting them do any of your talking for you) is essential. 

Florida Statute 790.07 addresses the illegal use, display, or possession of a firearm during the commission of a felony. The law is designed to deter individuals from carrying or using firearms while committing serious offenses. A violation of this statute can turn an already severe felony charge into one that carries much stiffer penalties.

Under F.S. 790.07, it is a felony for an individual to:

• Possess a firearm while committing or attempting to commit a felony, or
• Use, display, or threaten to use a firearm during the commission of a felony.

There are two separate provisions under this statute:

1. Possession of a firearm while committing a felony: This provision focuses on situations where an individual simply has a firearm in their possession while committing a felony, even if the firearm is not used or displayed. For example, carrying a gun during a drug trafficking crime could result in charges under this statute.
2. Using or threatening to use a firearm during a felony: This provision applies to individuals who display or discharge a firearm while committing a felony. If someone uses a firearm to threaten or intimidate another person during a robbery, for instance, this would fall under this provision.

The penalties for violating F.S. 790.07 are severe. Possession of a firearm during the commission of a felony is typically a second-degree felony, punishable by up to 15 years in prison. Using or displaying a firearm during a felony is a first-degree felony, punishable by up to 30 years in prison.

Florida Statute 775.087, also known as the "10-20-Life" law, provides for mandatory minimum sentences when a firearm is used during the commission of certain violent crimes. This statute enhances penalties for offenders who commit felonies while in possession of a firearm, based on the specific manner in which the firearm was used.

The "10-20-Life" rule imposes minimum mandatory sentences based on three key actions:

• Possession of a firearm: If an individual possesses a firearm during the commission of certain felonies, they face a minimum 10-year prison sentence.
• Discharge of a firearm: If the firearm is discharged during the felony, the defendant faces a minimum 20-year prison sentence.
• Discharge causing injury or death: If the discharge of the firearm results in injury or death to another person, the defendant faces a 25-year to life sentence.

The law applies to a wide range of serious felonies, including:

• Robbery
• Aggravated assault
• Aggravated battery
• Kidnapping
• Sexual battery
• Burglary

The purpose of F.S. 775.087 is to impose strict penalties on those who choose to involve firearms in the commission of serious crimes. This statute operates independently of the underlying felony, which means that even if the defendant is acquitted of the felony charge, they can still face enhanced penalties under F.S. 775.087 if a firearm was used.

To secure a conviction under F.S. 790.07 or F.S. 775.087, the prosecution must prove several key elements beyond a reasonable doubt. These elements differ slightly depending on which statute is being applied, but both require proof of the defendant’s involvement with a firearm.

The prosecution must first establish that the defendant either possessed, used, or displayed a firearm during the commission of a felony. For F.S. 790.07, possession alone is enough for a charge, whereas F.S. 775.087 focuses on how the firearm was used—whether it was discharged or caused injury.

Possession can be either actual possession (where the firearm was on the person) or constructive possession (where the firearm was within the defendant’s control, such as in a vehicle or nearby).

Both statutes require that the firearm was involved in the commission of a felony. This means that the prosecution must also prove that a felony occurred, such as robbery, aggravated assault, or drug trafficking. If the underlying felony cannot be proven, the firearm enhancement charges may not hold.

Under F.S. 775.087, if the defendant is accused of discharging a firearm and causing injury or death, the prosecution must prove that the discharge directly resulted in the harm. This element is crucial because it triggers the harshest penalties under the "10-20-Life" statute.

When facing charges under F.S. 790.07 or F.S. 775.087, there are several possible defenses that an experienced Fort Lauderdale criminal defense attorney may raise. These defenses can challenge both the firearm-related elements and the underlying felony.

• Lack of Possession

• One common defense is to argue that the defendant did not actually possess or control the firearm. In cases where the firearm was found in a shared vehicle or residence, the defense may argue that the defendant was unaware of its presence or did not have control over it. This could weaken the prosecution's case, especially in constructive possession cases.

• No Underlying Felony

• Another defense strategy is to challenge the prosecution’s evidence regarding the underlying felony. If the felony charge cannot be proven, the firearm enhancement charges may also fall apart. This is especially important in cases where the defendant is charged with a lesser offense, or if there is insufficient evidence to prove the felony beyond a reasonable doubt.

• Accidental Discharge

• If the firearm was discharged but you didn’t intend to do so, your attorney may raise an accidental discharge defense. This defense focuses on showing that the discharge was not intentional and that the defendant had no intent to harm anyone.

• Unlawful Search and Seizure

• If the firearm was discovered as the result of an illegal search or seizure, the defense may file a motion to suppress the evidence. The Fourth Amendment protects individuals from unlawful searches, and if law enforcement violated these protections, the firearm evidence may be excluded from the case.

If you have been charged with a gun crime or weapons offense in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.