Articles Posted in Gun Crimes

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Numerous factors can impact sentences issued in firearm cases, including a defendant’s prior convictions. When defendants challenge the application of firearm prohibitions or enhanced penalties under the Armed Career Criminal Act, courts must balance recent decisions against binding precedent and strict standards of review. A recent decision from a Florida court illustrates how unpreserved constitutional and sentencing arguments are analyzed and why timing, prior convictions, and procedural posture can determine the outcome of an appeal. If you are facing federal gun charges or the possibility of an enhanced sentence, it is critical to speak with a St. Petersburg federal criminal defense attorney who can help you protect your rights.

History of the Case

Allegedly, law enforcement officers responded to a call after a witness reported that the defendant had pointed a firearm at his girlfriend and threatened to kill her. Officers located the defendant near multiple firearms, and further investigation revealed that he had previously been convicted of several felony offenses. Based on this conduct, federal authorities charged the defendant with possessing a firearm as a felon.

Reportedly, the defendant entered a guilty plea to the firearm charge. A presentence investigation report was prepared and recommended an enhanced sentence under the Armed Career Criminal Act based on three prior convictions that qualified as violent felonies or serious drug offenses. Without that enhancement, the statutory maximum sentence would have been ten years, but the enhancement increased the mandatory minimum sentence to 15 years.

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In federal criminal proceedings, a guilty plea must be entered knowingly, voluntarily, and with an understanding of its consequences. If a defendant later seeks to undo that plea, appellate courts will closely examine the trial record to determine whether proper procedures were followed. Recently, a Florida federal court addressed the validity of guilty pleas in a case where a defendant convicted of firearm possession claimed that his plea was invalid. If you are charged with a firearm offense or are considering a plea, a St. Petersburg criminal defense attorney can help protect your rights and explain the consequences of each decision.

History of the Case

It is reported that the defendant was indicted for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). During the change-of-plea hearing, the defendant pleaded guilty pursuant to a plea agreement negotiated with the government. As part of the plea colloquy under Federal Rule of Criminal Procedure 11, the court informed the defendant of the nature of the charge, the statutory penalties, and the constitutional rights he would waive by entering a guilty plea. The court also confirmed that the defendant had not been coerced into pleading guilty and that he understood the consequences of the plea.

It is alleged that the defendant acknowledged under oath that he had previously been convicted of a felony offense and knowingly possessed the firearm described in the indictment. The court accepted the plea and later sentenced the defendant to a term of imprisonment followed by supervised release. After sentencing, the defendant filed a direct appeal, arguing that the guilty plea was not valid because the court had failed to explain certain aspects of his sentence, including the possibility of supervised release.

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Most Florida citizens have the right to own firearms, but for convicted felons, carrying a gun can lead to felony charges. Further, if their prior offenses were violent crimes, they may face lengthy prison sentences if they are convicted. In a recent Florida case, the court analyzed whether resisting an officer, and other offenses constituted violent predicate crimes, ultimately concluding that they did. If you are charged with a weapons offense, it is important to talk to a St. Petersburg gun crime defense attorney to discuss your potential defenses.

Background of the Case

It is reported that the defendant was charged with possession of ammunition and a firearm as a felon. He entered a guilty plea. He was then sentenced to fifteen years in prison under the Armed Career Criminal Act (the Act). He appealed, arguing that his prior convictions for battery, robbery, and resisting an officer were not considered violent felonies under the Act. He further asserted that the enhanced mandatory minimum sentence imposed under the Act violated his protections against double jeopardy.

Violent Offenses Under Florida Law

The court rejected the defendant’s reasoning and affirmed his sentence. The court explained that it reviewed whether a crime categorically qualifies as a violent felony under the Act de novo, while double jeopardy claims were reviewed for clear error. Under the Act, a minimum of a fifteen-year term of imprisonment must be imposed for anyone convicted of certain federal gun crimes if they have three prior violent felony convictions. Violent felonies include crimes that have the use or attempted or threatened use of physical force as an element. Continue reading →

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Generally, people who are considered career criminals face greater penalties than those with no criminal history. As such, if a person who has multiple prior convictions is found guilty of another offense, they may be subject to sentencing enhancements. While generally, crimes are discrete acts, a person can be charged with numerous offenses for one criminal enterprise. Crimes committed from a single criminal episode do not trigger the Armed Career Criminal Act (the Act) for sentencing purposes, though, as recently explained by the United States Supreme Court in a case in which the defendant had ten prior robbery convictions stemming from a single incident. If you are charged with robbery or any other violent crime, it is prudent to meet with a St. Petersburg violent crime defense attorney to assess your options.

Background of the Case

It is alleged that the defendant broke into a storage facility in 1997 and stole from ten separate units. He was subsequently charged with and convicted of ten counts of burglary. In 2014, a police officer entered the defendant’s home and observed the defendant with a rifle in his possession. He was then charged with being a felon in possession of a firearm in violation of federal law. The defendant was found guilty and determined to be an armed career criminal under the Act, due to his ten prior robbery convictions. He was sentenced to 15 years in prison, after which he appealed. The appellate court affirmed his sentence, and he filed a writ of certiorari.

Criminal Convictions in the Context of the Career Criminal Act

The issue the Supreme Court addressed was whether crimes that are committed sequentially as part of a single event occur on different occasions for purposes of imposing a sentence enhancement under the Act. The Court ruled that they did not, and reversed the lower court ruling. Continue reading →

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Many people who have a criminal history are prohibited from owning or purchasing weapons. Thus, they can be charged with crimes if they are caught with guns in their possession. They can also face criminal accusations for lying to arms dealers to obtain weapons, and depending on the facts of the case, may face significant penalties. This was demonstrated in a recent Florida case, in which a court issued an opinion discussing sentencing enhancements for the crime of making false statements to a firearms dealer. If you are charged with a weapons offense, it is smart to meet with a St. Petersburg criminal defense attorney to discuss your potential defenses.

Facts of the Case

It is reported that the defendant attempted to purchase a rifle from a gun shop in Pensacola. As part of the process of buying the gun, he was asked to undergo a background check, which he failed. Thus, he was denied the right to purchase the gun.

Allegedly, a review of the form the defendant completed for the background check revealed that he lied on a question regarding whether he was subject to any order restraining him from stalking, harassing, or threatening an intimate partner. Thus, the defendant was charged with making a false statement to an arms dealer in violation of federal law. He entered a guilty plea but later appealed his sentence arguing that the State did not establish that the sentencing enhancements were warranted. Continue reading →

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One of the initial questions many criminal defendants have is whether they will be released on bail prior to their criminal trials. If a defendant is detained prior to trial, it may not only result in a loss of liberties, but it may also greatly impact the defendant’s ability to participate in formulating a compelling defense. Thus, a defendant that is detained prior to trial may ask the court to reconsider its ruling, but such reversals are not easily obtained. This was demonstrated in a recent Florida opinion in which the court recommended that the defendant’s pre-trial detention be sustained, in a matter where the defendant faced numerous gun crimes. If you are charged with a firearms offense, it is advisable to speak to a knowledgeable St. Petersburg criminal defense attorney about your rights.

The History of the Case

It is reported that the defendant was arrested and charged with numerous gun crimes after he was observed in a crowded casino with a backpack containing loaded firearms. The defendant had an extensive criminal history that included numerous convictions for weapons offenses, theft, attempted robbery, and probation violations. Following his arrest, a pre-trial detention hearing was held, during which the court determined the defendant posed a danger to the community. Thus, an order of detention was issued. The defendant appealed, arguing the trial court erred in ordering pre-trial detention.

Grounds for Ordering Pre-Trial Detention

The court explained that if pre-trial detention is ordered by a magistrate judge or a person other than a court having original jurisdiction over the case, the defendant may file a motion with the court that has original jurisdiction, requesting a revocation and amendment of the order. In the subject case, the order was issued by a magistrate court. Thus the matter was filed with the district court. Continue reading →

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In many cases in which a person engages in criminal activity while using a firearm, he or she may be charged with additional offenses in addition to facing charges for the underlying crime. For example, a person that commits a crime of violence while carrying a weapon may be charged with a federal firearms offense. Recently, a Florida court addressed the issue of whether a RICO conspiracy crime constitutes a crime of violence under federal law, ultimately determining that it does not. If you are charged with RICO conspiracy or any other drug crime, it is prudent to speak with a St. Petersburg drug crime defense attorney experienced in handling complex matters to determine what defenses may be available.

Factual and Procedural History

It is reported that the defendants, collectively, operated an organization engaged in drug trafficking in Florida. Many of them carried guns while they kidnapped, beat, and murdered people. They were charged with and convicted of participating in a racketeering conspiracy under the RICO (Racketeer Influenced and Corrupt Organizations) Act, drug trafficking conspiracy, gun crimes, and other offenses. Following their convictions and sentencing, they appealed on several grounds, including the issue of whether RICO conspiracy is a crime of violence.

RICO Conspiracy Is Not a Crime of Violence

Under federal law 18 U.S.C. 924(c), a crime of violence is a felony that includes as one of its elements the use, or attempted or threatened use, of physical force against another person or property, or that by its nature, involves a significant risk that physical force will be used in the commission of the offense. After the statute was enacted, the clause regarding a significant risk of force was deemed unconstitutional. Thus, in determining whether an act constitutes a crime of violence, the court must look to the elements of the crime.

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If you are convicted of a felony in Florida, in addition to other penalties and fines, you are prohibited from owning a gun. Therefore, if you are found to be in possession of a gun following your conviction, you will face criminal charges. Unless the police actually find the gun in your possession the State may be forced to rely on circumstantial evidence to prove the charges against you. In cases where the State solely relies on circumstantial evidence, a defendant may be able to avoid a conviction by offering a reasonable hypothesis of innocence. A Florida appellate court recently discussed what constitutes a reasonable hypothesis of innocence in a case in which the defendant’s acquittal for the crime of possession of a firearm by a convicted felon was reversed. If you are a convicted felon living in St. Petersburg and you were recently charged with unlawful possession of a firearm it is vital to retain a trusted St. Petersburg gun crime defense attorney who can develop compelling arguments in your defense.

Facts Regarding the Defendant’s Arrest

Allegedly, the police conducted a traffic stop on a speeding car. When the car stopped, the driver exited the car and began running towards an apartment complex. The officer started to chase the driver and heard something metallic hit the pavement. The officer was unable to describe the man other than to give his height and race. The officer then noticed that the object the man dropped was a gun. The officer remained at the scene because he did not want to leave the gun and car unattended. A short time later, a woman who was later identified as the defendant’s girlfriend came out of the apartment complex and advised the police that the car was hers. The defendant was subsequently charged with being a felon in possession of a firearm.

It is reported that DNA testing was conducted on the gun and the magazine inside of the gun. During the trial, the State called two DNA experts as witnesses. The experts testified that the defendant’s DNA was found on the magazine. The experts also offered testimony as to how DNA can be transferred without a person touching an object. Specifically, DNA can be transferred when a person shakes hands with another person who then touches the object, sneezing, or the object coming into contact with the person’s clothes. After the State rested, the defendant moved for an acquittal based on two reasonable hypotheses of his innocence: that his DNA may have been on the gun due to a secondary transfer, or that he touched the magazine on a different date. The court ultimately granted the motion, after which the State appealed.

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Florida juries are given what some courts describe as an inherent pardon power to return a verdict of guilty for a lesser offense. However, the jury must be instructed as to lesser included offenses. If not, this may constitute a per se reversible error. In a recent decision, the appellate court found that the lower court erred in not instructing the jury on the charge of improper exhibition of a firearm, which was a permissive lesser included offense of attempted first-degree murder.

The appellant was involved in a verbal dispute with a woman at a convenience store. During the course of the argument, the appellant drew a gun and said he had a bullet for the woman and her fiance. The woman left and joined her family at the park. The appellant followed the woman and threatened to kill her and her family. He later fired shots at the woman and her aunt as they attempted to drive away. The appellant was charged with two counts of attempted first-degree murder in this Florida gun crime case.

The defense counsel requested an instruction on the improper exhibition of a firearm as a lesser included offense of attempted first-degree murder. The Florida jury instructions identify lesser included offenses, and, if requested, the court must instruct the jury on a lesser included offense of the crime charged against the accused, as long as it is supported by the information and evidence. Improper exhibition of a firearm was a lesser included offense in this case. However, the lower court did not allow the instruction, and the appellant appealed his conviction.

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