Miami Firearm Cases: Defending Your Future with El-Naffy Law

Facing criminal charges related to firearms in Miami, Florida, can be overwhelming. A conviction can have severe legal consequences, impacting your freedom, reputation, and future opportunities. At El-Naffy Law P.A., we understand the gravity of your situation. Our firm founder, Carolle El-Naffy, is an experienced  criminal defense lawyer committed to providing compassionate, skilled legal representation to help you navigate these challenging times.

 

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We are ready to defend your rights!

Attorney Carolle El-Naffy, Esq.

Understanding Firearm Charges in Miami

Florida has stringent laws regulating firearms possession, use, and transfer. The state takes firearm offenses seriously, and prosecutors aggressively pursue these cases. Common firearm-related charges in Miami include:

  • Unlawful Possession of a Firearm: This charge applies if you are found in possession of a firearm without the proper permits or if you are prohibited by law from owning a firearm due to prior convictions or other legal restrictions.
  • Carrying a Concealed Weapon Without a License: In Florida, carrying a concealed weapon without a valid permit is illegal and can result in serious charges.
  • Using a Firearm in the Commission of a Crime: If a firearm is used during the commission of another crime, such as robbery or assault, the penalties can be significantly enhanced under Florida’s “10-20-Life” law.
  • Improper Exhibition of a Firearm: This charge applies when a firearm is displayed in a threatening or reckless manner, putting others at risk.
  • Firearm Trafficking: Involvement in the illegal sale or distribution of firearms can lead to severe federal and state charges. 

Understanding the nature of the charges against you is the first step in building a strong defense. The criminal defense team at El-Naffy Law P.A. is here to guide you through the complexities of Florida firearm laws and fight for the best possible outcome in your case.

 

Florida Firearm Laws: What You Need to Know

Florida’s firearm laws are complex and multifaceted. That’s why working with a skilled defense lawyer with experience handling Miami firearm cases is important. Here’s a brief overview of key aspects of the laws that may impact your case:

Florida’s “10-20-Life” Law

Under Florida Statute § 775.087, the “10-20-Life” law imposes mandatory minimum sentences for certain crimes committed with a firearm:

  • 10 years for possessing a firearm during the commission of certain felonies.
  • 20 years for discharging a firearm during the commission of a crime.
  • 25 years to life if someone is seriously injured or killed as a result of the discharge.

These mandatory minimums remove much of the discretion from judges, making it crucial to have a defense strategy to reduce or dismiss the charges before they reach this stage.

Stand Your Ground Law

Florida’s Stand Your Ground law, found in Florida Statute § 776.013, allows individuals to use force, including deadly force, in self-defense without the duty to retreat as long as they believe such force is necessary to prevent imminent death or great bodily harm. While this law can provide a powerful defense, it is also complex and highly fact-specific, requiring thorough legal analysis to apply correctly.

Concealed Carry Laws

In Florida, carrying a concealed weapon without a proper permit is a third-degree felony, punishable by up to five years in prison, a $5,000 fine, and a permanent criminal record. Even with a permit, there are restrictions on where you can carry a concealed firearm, such as in schools, courthouses, and certain private properties.

Firearm Possession by Convicted Felons

Florida law prohibits individuals convicted of certain felonies from possessing firearms. Violating this law can result in significant criminal penalties, including additional felony charges.

 

Potential Consequences of a Firearm Conviction

The penalties for firearm-related offenses in Miami can be severe, potentially including:

  • Lengthy Prison Sentences: Depending on the nature of the charge and whether mandatory minimums apply, you could face significant time in state prison.
  • Hefty Fines: Convictions often come with substantial fines, adding financial strain to an already difficult situation.
  • Loss of Civil Rights: A felony conviction can result in the loss of civil rights, including the right to vote, serve on a jury, and possess firearms.
  • Permanent Criminal Record: A conviction can lead to a permanent criminal record, which can impact one’s ability to secure employment, housing, and educational opportunities.

Given these serious consequences, having a knowledgeable and dedicated legal team on your side is crucial.

Defending Against Domestic Violence Charges

In domestic violence cases, several potential defenses can be used to challenge the charges against you. Your attorney understands Florida law as it applies to domestic violence charges and will work to protect your rights.

  • Self-Defense: If you acted in self-defense, this can be a powerful defense against a domestic violence charge. Florida law allows you to use force to protect yourself if you reasonably believe you are in imminent danger of harm. We will gather evidence, such as witness testimony and medical records, to support your claim of self-defense.
  • False Accusations: Unfortunately, false accusations of domestic violence can and do happen, often in the context of contentious divorces or child custody disputes. Your lawyer will investigate the motives behind the accusation and work to uncover any evidence that supports your innocence.
  • Lack of Evidence: The prosecution must prove beyond a reasonable doubt that domestic violence occurred. If the evidence against you is weak or contradictory, we will challenge its credibility and work to have the charges reduced or dismissed.
  • Mutual Combat: In some cases, both parties may have been involved in an altercation, and it may not be clear who the aggressor was. We can argue that the incident was a mutual combat situation rather than an act of domestic violence.
  • Consent: While rare, there are situations where the alleged victim may have consented to the actions that led to the charges. If this applies to your case, we will present evidence to support this defense.

How El-Naffy Law P.A. Can Help You in a Firearm Case

At El-Naffy Law P.A., we recognize that each firearm case is unique, with its own facts and legal challenges. Our legal team is committed to providing personalized legal strategies to protect your rights and future. Here’s how we can help:

Thorough Investigation and Case Analysis

We begin by conducting a thorough investigation of the facts surrounding your case. This includes reviewing police reports, witness statements, and any available evidence. Our goal is to identify any weaknesses in the prosecution’s case, such as procedural errors, violations of your constitutional rights, or lack of evidence.

Challenging the Evidence

In many firearm cases, the evidence against you may be based on questionable or unreliable sources. Our criminal defense attorneys will scrutinize every piece of evidence, challenging its admissibility and credibility. This may involve filing motions to suppress evidence obtained through illegal searches or seizures or questioning the validity of witness testimony.

Negotiating Plea Deals

While we are prepared to take your case to trial if necessary, we also explore all available options for resolving your case outside of court. This may include negotiating a plea deal with the prosecution that reduces the charges or penalties against you. Carolle El-Naffy is a skilled negotiators who will work tirelessly to secure the best possible outcome for your case.

Defending Your Rights in Court

If your case goes to trial, you need a defense team that is prepared, experienced, and ready to fight for your rights. At El-Naffy Law P.A., we are committed to providing vigorous representation in the courtroom, using our knowledge of Florida firearm laws to build a strong defense on your behalf. Some common defenses in firearm cases include:

  • Self-Defense: If you used a firearm to protect yourself or others from imminent harm, you may be able to assert a self-defense claim under Florida’s Stand Your Ground law.
  • Lack of Possession: The prosecution must prove that you were in actual or constructive possession of the firearm. This defense may apply if there is doubt about whether the firearm was yours or under your control.
  • Unlawful Search and Seizure: If law enforcement obtained evidence against you through an illegal search or seizure, that evidence may be excluded from your case, potentially leading to a dismissal of charges.
  • Mistaken Identity: In cases where the perpetrator’s identity is in question, a mistaken identity defense can cast doubt on the prosecution’s case.
  • Entrapment: If you were coerced or persuaded by law enforcement to commit a firearm-related offense that you would not have otherwise committed, entrapment may be a viable defense.

 

Why Choose El-Naffy Law P.A.?

Choosing the right legal representation can make all the difference in the outcome of your case, and El-Naffy Law P.A. provides the support you need during this challenging time. We understand that every case is unique, which is why we take the time to develop a personalized legal strategy tailored to your specific needs and circumstances. Our approach ensures that your defense is as strong and effective as possible, addressing the nuances of your situation with precision. 

We also recognize that facing criminal charges can be an incredibly stressful and emotional experience. Our team is committed to offering compassionate representation, guiding you through the legal process with understanding and clear communication. We strive to alleviate your concerns by keeping you informed and involved at every stage of your case. 

When it comes to advocacy, our lawyers are focused on achieving the best possible results, whether through negotiating with prosecutors or defending your rights in court. We bring a dedicated approach to every case, ensuring your voice is heard and your rights are protected. 

Finally, at El-Naffy Law P.A., we are committed to your future. Our goal is to help you achieve the best possible outcome, whether that means avoiding a conviction, reducing the charges, or minimizing the penalties. We understand the profound impact that a firearm conviction can have on your life, and we are here to fight for the future you deserve.

 

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Contact El-Naffy Law P.A. Today for a Firearm Case in Miami

Carolle El-Naffy, Miami Criminal Defense Attorney 

If you are facing firearm charges in Miami, time is of the essence. The sooner you seek legal representation, the better your chances of building a strong defense. At El-Naffy Law P.A., we encourage you to reach out as soon as possible to discuss your case and explore your legal options.

The Miami criminal defense lawyer at El-Naffy Law P.A. is here to help you navigate the legal system and fight for your rights. We understand the impact a firearm conviction can have on your life, and we are dedicated to providing the strong, compassionate legal representation you need.

Contact El-Naffy Law P.A. today to schedule a confidential consultation. Let us help you take the first step toward protecting your future.  Call our South Florida office at 305-456-7576 or contact us online.

Call Us Today for FREE Consultation

We are ready to defend your rights!

2332 Galiano Street • 2nd Floor #3425 • Coral Gables, FL 33134

Office: (305) 456-7576 • Facsimile: (305) 640-8052

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