Domestic Violence Involving Firearms
Florida’s domestic violence law defines the crime as any criminal offense “resulting in physical injury or death” to a person who is part of a specific set of qualifying victims – for example, spouses, ex-spouses, or unmarried co-parents. Rather than being its own specific offense, domestic violence is an umbrella of sorts – the underlying crime is charged, with sentence enhancements coming if domestic violence is a factor. The presence of a firearm during the commission of a crime of domestic violence can also be an aggravating factor, extending a sentence if a person is found guilty.
Standard vs ‘Aggravated’ Offenses
Crimes are ‘aggravated’ when certain factors are present that makes the harm they caused more serious than in a standard case. For example, assault may be a misdemeanor in some cases, but assault with intent to kill, if properly proven, will likely be a felony. Other factors that can be ‘aggravating’ in criminal offenses are location, a past criminal record, the age or gender of the victim, and the extent of their injuries.
Firearms are seen as such inherently dangerous instruments that the presence of one during the commission of a crime is grounds for more severe penalties if convicted, even if the firearm was never used. In domestic violence cases, the prosecution must establish that the alleged victim had a reasonable fear of imminent harm being done to them, and a firearm’s mere presence can do that in many situations.
Serious Charges
If you have been charged with a crime of domestic violence, and you allegedly committed it with a firearm, it is imperative that you understand the charges against you are serious. Being convicted of this type of offense means not only prison time, fines, and court costs; it can also mean having to do things like attend batterers’ intervention training, usually as a condition of probation.
In addition, keep in mind that if you have a domestic violence injunction against you, state and federal law may prohibit you from owning firearms or ammunition even if you are not convicted. The 1996 Domestic Violence Offender Gun Ban, referred to as the Lautenberg Amendment after its sponsor, prohibits anyone who is the subject of a domestic violence injunction from owning firearms. The law came under threat earlier in 2024, but the Supreme Court upheld its legality in an 8-1 decision.
Contact A West Palm Beach Domestic Violence Attorney
If you have been charged with a domestic violence crime where a firearm was involved, you need the right West Palm Beach criminal defense attorney to protect your rights in court. Perlet & Shiner, P.A. has handled these types of cases before, and will work hard to get you your day in court. Contact our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
