Firearm Offense Attorney in Miami

Gun Charges Defense from a Former Miami-Dade Prosecutor

Attorney Armando J. Hernandez prosecuted firearms-related life and first-degree felony cases at the Miami-Dade State Attorney’s Office before entering private practice. He knows how Miami-Dade prosecutors build gun charge cases because he built them. That inside perspective now works for the people facing those charges. If you’re dealing with firearm charges in Miami, we handle everything from unlawful possession and concealed carry violations to armed robbery and federal firearm offenses.

Named to The National Trial Lawyers: Top 100 Trial Lawyers annually from 2013 through 2026, and recognized by America’s Top 100 Criminal Defense Attorneys® (a designation held by fewer than 0.5% of practicing attorneys in the United States), Attorney Hernandez brings credentialed recognition and hard-won courtroom experience to every case.

Gun & Firearm Charges We Defend in Miami

We defend clients across the full range of firearm charges prosecuted in Miami-Dade. Attorney Hernandez’s prosecutorial background means he understands the charging decisions behind each offense and how to challenge them.

State firearm charges we handle include:

• Armed robbery
• Aggravated assault
• Unlawful discharge of a firearm
• Juvenile in possession of a firearm
• Possession of a concealed weapon
• Concealing a loaded gun in a vehicle
• Unlawful sale of a firearm or weapon
• Bringing a deadly weapon into an airport
• Improper exhibition of a firearm or weapon
• Possession of a firearm or weapon by a convicted felon

We also defend clients facing federal firearm offenses, which carry their own distinct charging framework and sentencing exposure. Federal weapon charges are addressed separately on our federal weapon offenses page.

Florida Firearm Laws Every Miami Resident Should Understand

Florida Statutes Chapter 790 governs firearms possession, carry, and use throughout the state. The law has changed significantly in recent years, and outdated assumptions about what’s legal can lead directly to criminal charges.

Ownership & Permitless Carry

Florida residents haven’t needed a license to own a handgun or shotgun since 2010. Effective July 1, 2023, Florida’s permitless carry law allows anyone who meets the eligibility requirements for a Concealed Weapon or Firearm License (CWFL) to carry a concealed firearm without first obtaining that permit. The CWFL remains available through the Florida Department of Agriculture and Consumer Services for those who want it, including for reciprocity purposes when traveling to other states.

Who Cannot Possess a Firearm

Florida law prohibits certain individuals from purchasing or possessing firearms regardless of permit status. Felons, drug addicts, and alcoholics are barred under state law. Possession of a firearm as a convicted felon is a second-degree felony under F.S. 790.23, carrying up to 15 years in prison and fines up to $10,000.

Location Restrictions

Firearm possession is prohibited in specific locations regardless of permit status, including schools, courthouses, bars, and government buildings. Firearms are also prohibited anywhere federal law bans them. Violating these restrictions adds a separate layer of criminal exposure on top of any underlying charge.

Penalties for Firearm Offenses in Florida

Florida’s 10-20-Life mandatory minimum sentencing law removes most judicial discretion from firearm cases, which is why early, strategic legal intervention matters so much.

Under Florida’s 10-20-Life framework, mandatory minimums include:

• 10 years: Possessing or brandishing a firearm during the commission of a felony
• 20 years: Discharging a firearm during the commission of a felony
• 25 years to life: Injuring or killing someone with a firearm during a felony
• 3 years: Possession of a firearm by a convicted felon

Aggravated assault with a firearm and armed robbery carry additional enhancement penalties that compound the underlying charge. When mandatory minimums apply, negotiating the facts and charges early in the process often matters more than anything that happens at trial.

Consequences Beyond the Sentence

A gun conviction in Florida doesn’t end at sentencing. The collateral consequences can follow a person for the rest of their life, and they apply whether the conviction is a felony or a misdemeanor.

Long-term consequences of a gun conviction include:

• Permanent loss of firearm rights: A felony gun conviction results in permanent loss of the right to possess or purchase firearms under both state and federal law
• Employment barriers: A criminal record can block access to jobs, professional licenses, and government contracts
• Housing and credit difficulty: Many landlords and lenders screen for criminal records, and a conviction creates lasting barriers
• Loss of voting rights: A felony conviction in Florida results in loss of voting rights until all terms of the sentence are completed, including probation, parole, and payment of all court-ordered financial obligations
• Immigration consequences: Non-citizens convicted of gun crimes may face deportation or a permanent bar from reentry
• Permanent criminal record: Even a misdemeanor weapons conviction appears in background checks and can’t be ignored

How We Defend Gun Charges in Miami

No two firearm cases are the same. Attorney Hernandez spent years on the prosecution side evaluating gun charge evidence, which means he knows where weaknesses tend to appear and how Miami-Dade prosecutors respond when those weaknesses are raised. Every defense strategy we develop starts with a close review of the specific facts, charges, and evidence in the individual case.

Defense approaches we evaluate in gun charge cases include:

• Fourth Amendment challenges: If law enforcement obtained a firearm through an unlawful search or seizure, the evidence may be inadmissible. Suppression of the weapon may be dispositive in possession cases.
• Constructive possession challenges: The prosecution must prove the defendant had knowledge, dominion, and control over the firearm. When a firearm is found in a shared space or vehicle, that connection isn’t automatic.
• Stand Your Ground and self-defense: Florida law permits the use of force when a person reasonably believes it is necessary to prevent death or great bodily harm. The Stand Your Ground law eliminates the duty to retreat and provides immunity from criminal prosecution when it applies.
• Entrapment: If law enforcement induced or coerced a defendant into a gun offense they wouldn’t have otherwise committed, an entrapment defense may apply.
• Procedural and due process violations: Errors in chain of custody, officer misconduct, or failures in the arraignment process can provide grounds to challenge or suppress evidence.
• Mistaken identity: The prosecution must prove beyond a reasonable doubt that the defendant is the person who committed the offense. Eyewitness reliability and surveillance evidence are frequently contested.

Our past results include dismissed charges in attempted first-degree murder with a firearm, attempted felony murder armed robbery firearm, and three counts of attempted murder with a firearm and kidnapping, as well as a no-prison, no-conviction outcome in an armed robbery firearm case. These results reflect specific facts in individual cases and are not a guarantee of outcome in any future matter.

Frequently Asked Questions

What Should I Do Immediately After Being Arrested on Gun Charges in Miami?

Don’t speak to police beyond providing your identifying information. Invoke your right to counsel and contact a gun charges defense attorney as soon as possible. What you say before speaking with an attorney can be used against you, and early statements are often the most damaging part of the prosecution’s case.

Can a First-Time Offender Face Mandatory Minimum Prison Time for a Gun Charge?

Yes. Florida’s 10-20-Life law applies based on the nature of the offense, not the defendant’s prior record. A first-time offender charged with possessing a firearm during a felony faces a mandatory minimum 10-year sentence if convicted. Prior record may affect charging decisions but doesn’t eliminate mandatory minimums.

Does Florida’s Permitless Carry Law Mean I Can’t Be Charged With a Weapons Offense?

No. Permitless carry applies only to people who meet the eligibility requirements for a CWFL. Felons, individuals with certain mental health adjudications, and others disqualified from firearm possession remain subject to criminal charges. Location restrictions and other prohibitions also still apply.

What Is Constructive Possession and How Does It Affect My Case?

Constructive possession means the prosecution is arguing you had control over a firearm even though it wasn’t physically on your person. To prove it, they must establish you knew the firearm was there and had the ability to exercise dominion and control over it. This is a contested element in many gun charge cases, particularly those involving vehicles or shared residences.

Contact Our Miami Gun Charges Defense Attorneys

Firearm charges in Florida carry life-altering consequences, and how your case is handled in the earliest stages can shape the process that follows. We’re available 24/7, offer Spanish-language representation, and provide free consultations for anyone facing gun charges in Miami. Attorney Hernandez brings direct prosecutorial experience from the Miami-Dade State Attorney’s Office to every case we handle.