Blog
Firearm Serial Number Tampering Charges in Florida: Penalties and Hiring a Lawyer
Contents
Firearm Serial Number Tampering Charges in Florida: Penalties and Hiring a Lawyer
Hey there, friend-o! If you’re reading this, you’ve likely been charged with tampering with a firearm serial number in Florida. I get it – that’s a scary situation. But don’t worry, I’m here to walk you through everything you need to know. From the charges and penalties you’re facing, to how a lawyer can help – we’ll cover it all in this handy article.
The Charges
There’s two main charges for firearm serial number tampering in Florida:
- Altering or removing a firearm serial number (FL statute 790.27(1))
- Selling or delivering a firearm with an altered or removed serial number (FL statute 790.27(2))
Both are illegal in the Sunshine State. Now, why would someone remove or alter a serial number on a gun? Usually to prevent the firearm from being traced back to them or its original owner. Makes sense, but still against the law.The charges themselves are considered either felonies or misdemeanors, depending on the situation. Let’s break it down:
Altering or Removing a Serial Number
This charge is a third degree felony in Florida. That’s punishable by:
- Up to 5 years in prison
- Up to a $5,000 fine
To convict you, the state prosecutor has to prove a few things1:
- You knowingly altered or removed the serial number
- You intended to prevent the firearm from being traced
So they need to show you intentionally messed with the number on purpose.
Selling or Delivering an Altered Firearm
For this charge, the prosecutor must prove1:
- You sold, bought, or possessed a firearm
- The serial number was altered or removed
- You knew the number was altered or removed
This is considered a first degree misdemeanor. The penalties are less severe:
- Up to 1 year in jail
- Up to a $1,000 fine
So those are the charges and penalties you’re looking at for firearm serial number tampering in FL. Now let’s talk about defending yourself.
Possible Defenses
There are a few potential defenses to firearm serial number charges in Florida1:
- You didn’t know the number was altered – For example, if the serial number plate was missing when you bought the gun. The state can’t prove you knowingly possessed a firearm with an altered number.
- It wasn’t in your possession – To convict, the state must prove you actually or constructively possessed the firearm. If it was found in your home but didn’t belong to you, that may undermine their case.
- Duress or necessity – If you can show you only altered or possessed the firearm under threat or because you had no other choice, that may excuse your actions.
A knowledgeable criminal defense lawyer can help assess what defenses might work in your specific case. Don’t go it alone here – get some legal advice.
How a Lawyer Can Help
If you’re facing firearm serial number tampering charges in Florida, my top advice is: get a lawyer on your side ASAP. Here’s how hiring a criminal defense attorney can help:
- They know the ins and outs of Florida gun laws and can devise the best defense strategy. This stuff is complex!
- They can negotiate with the prosecutor, possibly getting charges reduced or dismissed through a plea bargain.
- They can argue to suppress damaging evidence that was obtained illegally.
- If your case goes to trial, they can cross-examine witnesses and present persuasive arguments to the jury.
- At sentencing, they can advocate for minimized penalties and present mitigating circumstances.
Having an experienced lawyer makes a huge difference. Don’t leave your fate to chance – get the expertise you need.
Finding the Right Lawyer
Okay, so you know you need a lawyer. But how to pick the right one? Here are some tips:
- Find a criminal defense specialist – You want someone who focuses specifically on criminal law and defends firearm charges regularly.
- Check their experience – Look for a lawyer who has practiced for many years, not someone fresh out of law school.
- Read reviews – Check online for client reviews and testimonials to learn about their service. But take negative reviews with a grain of salt.
- Meet them first – Schedule a consultation to meet the lawyer, ask questions, and see if you feel comfortable with them.
- Compare fee structures – Some charge flat rates, others hourly. Get quotes from a few lawyers before deciding.
Take your time and do your research – this is a big decision! And if budget is an issue, don’t worry. Many lawyers offer payment plans or take cases pro bono (for free).
The Bottom Line
Being arrested for firearm serial number tampering can be scary. But don’t panic! Educate yourself on the charges you’re facing and possible defenses. Then hire a knowledgeable Florida criminal defense lawyer to protect your rights.With an experienced attorney on your side, you can hopefully get charges reduced or dismissed. Or if it goes to trial, they can argue for an acquittal or minimized penalties.You have options – so take a deep breath. Then call a lawyer to discuss your case. Help is out there, my friend. Wishing you all the best moving forward!