What is criminal offense having weapons in Florida?

  • This crime of Persons Engaged in Criminal Offense Having Weapons, requires some other felony, called an underlying felony, to go along with it for it to apply.
  • This crime is classified as either a Third Degree Felony or Second Degree Felony. Classification is dependent upon (1) the type of weapon and (2) whether the person committing the crime is under indictment.
  • In Florida, a Third Degree Felony is punishable by up to 5 years in prison and a fine up to $5,000.
  • In Florida, a Second Degree Felony is punishable by up to 15 years in prison and a fine up to $10,000.

This offense occurs:

  • The offense is a Third Degree Felony when a person does any of the following while committing or attempting to commit the underlying felony, or while they are under indictment:
  • Displays, uses, threatens, or attempts to use any weapon
    • Displays, uses, threatens, or attempts to use any electric weapon or device, or
    • Carries a concealed weapon.
  • The offense is a Second Degree Felony when a person does any of the following while committing or attempting to commit the underlying felony:
  • Displays, uses, threatens, or attempts to use any firearm, or
    • Carries a concealed firearm

Defenses to the crime of Persons Engaging in Criminal Offense Having Weapons:

  • The object being used was not used or could not be used in a manner likely to cause death or bodily harm.
  • Conviction of the underlying felony is already enhanced on the basis of a weapon or firearm. An additional separate conviction would be barred due to the principle of Double Jeopardy. [1][2].

References:

[1] Cleveland v. State, 587 So. 2d 1145 (Fla. 1991).

[2] Hall v. State, 517 So. 2d 678 (Fla. 1988).

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of persons engaging in criminal offense having weapons in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.


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