According to the News-Journal, Reid and Bryant went through the Wendy’s drive-through at around 10 a.m. They got into an argument with the employee at the window, who said Reid tried to slap him. He said he deflected the blow; the women said he grabbed one of their arms. Either way, the altercation inspired the women to get out of the car and come inside the restaurant with a small pink stun gun. Reid is accused of then trying to stun the employee, and Bryant is accused of encouraging her. The employee managed to avoid being hit until the manager announced that she was calling the police, causing the women to leave. The pair was found because Bryant later called the restaurant to complain about the service.

What interests our Fort Lauderdale gun crimes criminal defense attorneys is the charge the women face: aggravated assault with a deadly weapon. We are not sure this charge will stand up, because it’s not clear that a stun gun actually is a deadly weapon. In fact, Tasers are used by police officers specifically because they are not supposed to be deadly (although there is widespread debate about whether this is true). Florida law defines aggravated assault as an assault -- a threat to do violence and ability to carry it out -- with a deadly weapon, but without intent to kill. In order to convict Reid and Bryant of aggravated assault, that is, prosecutors would have to show that the pink stun gun was deadly. If they cannot do that, they may lose their trial, or be forced to drop the charge down to assault. This would mean the women would face up to 60 days in jail, rather than up to five years in prison -- a major difference.

If you’re facing a gun-related legal matter in Florida, don’t wait to call Balliro for help. To set up a free, confidential consultation, send us a message through the Internet or call 1-866-FIREARMS toll-free from anywhere in Florida.

Michael Daniel was watching a movie with his live-in girlfriend, Samantha, and their friend Kyle when a knock came at the door. Samantha looked through a peephole and didn’t recognize the person. Knowing that the complex had seen a series of burglaries, they decided not to answer. But the man left and returned with another man, and kept knocking. Michael loaded a shotgun he used for skeet shooting and asked Kyle to aim it, then answered the door. Crossno immediately shot him through the neck. Kyle shot at Crossno and the other man, wounding Crossno badly enough to send him to the hospital in critical condition. If found guilty on all charges, Crossno faces up to 20 years in prison. Paul Daniel told the newspaper he’d like to eliminate the “gray areas” that give judges authority to decide how much bail to require.

Our West Palm Beach gun crimes criminal defense lawyers understand that the Daniel family are victims of a terrible, senseless tragedy. Even so, we think taking away judges’ ability to use their judgment in bail matters is a bad idea. We don’t know enough facts to say whether the judge in Crossno’s concealed weapon case made a bad call, but we do know that carrying a concealed weapon without a permit is penalized by anything from probation up to five years in prison. This gives judges wide latitude, allowing them to tailor the sentence to fit the crime. Similarly, giving judges a chance to set bail allows them to use their professional judgment about whether the person is a danger to society. For example, a person with a criminal history and evidence of bad intentions is likely to get much higher bail than someone with no criminal history who simply allowed a CCW permit to expire.

Balliro offers free, confidential consultations, so you risk nothing by speaking to us about your rights and your case. To set up a consultation, please contact us through the Internet or call 1-866-FIREARMS toll-free from anywhere in Florida.

Taylor and his wife had just said goodbye to a guest about five minutes earlier when a knock came at the door. Taylor answered it, thinking the guest had returned. Instead, he saw a man dressed all in black, with a black cloth wrapped around his head, and armed with a silver kitchen knife. The man said he was going to rob Taylor. Taylor managed to shut the door on the man, but not before sustaining a knife wound to his hand. Once the door was shut, the would-be invader started breaking a window next to the door, prompting Taylor to run for his handgun. He fired several shots at the man, who fled north down an alley and got into a car. Police said the car was a black four-door Honda from the late 1990s, with a loud muffler and possibly a lowered suspension. Tampa police would welcome anonymous online tips on the suspect.

This is exactly the sort of situation that makes legal firearms a necessity. Rather than waiting untold minutes for the police, Taylor was able to take the situation in hand and protect his family because he had a firearm and understood how to use it. As Miami-Dade gun crimes criminal defense lawyers, we’re very glad law-abiding people like him still have the right to use their weapons. Florida law makes it very clear that Taylor and people like him will not be charged with a crime, thanks in part to the “castle doctrine,” now expanded thanks to the state’s “stand your ground law.” In essence, Florida residents who are the victims of home invasions like this are permitted to use deadly force if they believe they or others are endangered by the invader. There is no duty to leave the home rather than shoot, and now, there is no duty to retreat on the street.

Balliro offers free, confidential consultations, so you can speak with us at no further obligation or risk. To set up a free consultation, please send us an email or call 1-866-FIREARMS toll-free from anywhere in Florida.

According to the newspaper, the unnamed juvenile had the gun in his duffel bag during class. He was not accused of using it inappropriately. Two other students reported the gun to the school’s assistant principal, who in turn called the Fort Myers police. School authorities immediately detained the teenager. After a search turned up the handgun, he was taken to Vista Behavioral Crisis Center, a psychiatric facility. In the earlier incident, Rodriguez was caught trespassing, the newspaper reported. When a deputy stopped him, that deputy found the semi-automatic handgun. The charges against Rodriguez were not reported, but could include trespassing as well as possession of a firearm by a minor under 18.

Our West Palm Beach gun crimes defense lawyers don’t condone this type of behavior, in part because bringing a gun to school could easily land that gun in the hands of people who don’t know how to use it properly. But we can’t help but notice that neither teen was accused of doing anything dangerous with the firearms. Rather, all of the crimes that are likely to be charged against them, aside from the possible trespassing charge, spring from their status as juveniles. A minor may not possess a true firearm in Florida unless he or she is lawfully hunting under adult supervision. (BB guns, gas and air guns and electronic weapons are an exception.) Furthermore, most people of any age are prohibited from having guns on a school campus. These are crimes that spring from the teens’ circumstances and status, not from violent actions on their part. We hope authorities take this into account when deciding their penalties.

If you’re accused of a firearms crime in Florida or need help resolving a gun-related matter, Balliro can help. To set up a free consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.

Torres stayed home from school the day of the shooting because of an injury from a bicycle accident. On that day, the 14-year-old called 911 to report that he had just accidentally shot his friend. He told the 911 operator that he and Torres had been playing with his mother’s gun, and had removed the clip and all the bullets. He was pulling the trigger to see if it was completely unloaded, he said, when Torres walked in front of him. He told the operator he thought Torres was dead at the scene. Torres was later pronounced dead at Memorial Hospital. No charges have been filed, but an investigation into whether the firearm was stored correctly is underway. The older boy and his mother have left the neighborhood since the shooting, the Sun-Sentinel said, and could not be reached for comment.

As Fort Lauderdale gun crimes criminal defense lawyers, we’re extremely sorry to hear about cases like this, because each and every one is preventable. Minors are permitted to have firearms in Florida, but the firearms must be kept unloaded at home and used only for lawful hunting purposes. Minors under 16 must be supervised by an adult. These laws are intended to make an exception for safe, conscientious and carefully controlled use of firearms by minors who have been taught to be responsible around firearms. As the article noted, the law also recognizes that not every minor is capable of responsibility around guns, which is why adults must securely lock their loaded firearms out of reach of minors. Failing to do so is a misdemeanor carrying up to 60 days in jail.

If you’re tangled up in the law because of your purchase, ownership, transportation or use of firearms, you should call Balliro for help. To set up a free, confidential consultation, please contact us online or call us toll-free from anywhere in Florida at 1-866-FIREARMS.

The amendment is similar a previous Florida law that made it illegal for businesses to prohibit employees with concealed carry permits from bringing their guns to work and leaving them in a locked car in the parking lot. The Florida Chamber of Commerce opposed that bill as well, and even sued to overturn it. However, the court sided with the rights of gun owners, ruling that employers may not interfere with workers’ rights to carry a concealed weapon legally and safely. If the amendment currently before the Legislature passes, the law would extend to any private-property parking lot of a business, even if that business bans guns. In an email to supporters, the NRA noted that a father wanting to visit his son’s grave currently has to go home and put his gun away before visiting, even though the gun would stay in the car.

Our West Palm Beach gun crimes defense lawyers support this amendment. We believe strongly in the Second Amendment, and we do not believe it stops applying just because a gun owner steps onto private property. This amendment specifies that the firearm must be lawful; it must be transported or stored for lawful purposes; and the vehicle must be lawfully present. That is, nothing in this amendment can be construed to endorse illegal guns or illegal behavior by gun owners. There are numerous legitimate reasons why someone might want to carry a gun in a car, including protection as well as trips to the shooting range or hunting trips. If the amendment doesn’t pass, law-abiding gun owners who want to stop for a sandwich on the way home could be kicked out of such a business despite not doing anything wrong.

If you’re charged with a firearms crime in Florida, don’t hesitate to call Balliro for help. To set up a free, confidential consultation, call us toll-free from anywhere in Florida at 1-866-FIREARMS or contact us through our website.

The trouble for Rattenni started when he was visited by the Secret Service for questioning about possible threats to the president. The Secret Service would not disclose whether it discovered anything relevant to that case during the questioning. However, officers did notice that Rattenni had a handgun in his apartment. Based on the belief that he had been convicted of felony assault and forgery in New York, they had Pinellas County deputies arrest him. However, Rattenni pointed out, he has a valid concealed weapons permit in Florida, something he shouldn’t have been able to get if he had been convicted on a felony assault charge. The chief assistant State’s Attorney for Pinellas County, Bruce Bartlett, said he looked into it after a reporter called and discovered that Rattenni was probably right, although his office was awaiting confirmation from New York.

As Miami gun crimes criminal defense lawyers, we wonder how many Rattennis are out there who don’t happen to have press coverage. Everyone makes mistakes now and then, but a mistake that keeps an innocent man in jail for nearly a week is very serious. As he pointed out in the article, just being arrested was enough to keep him out of work for several days, which will hurt his income and possibly his standing at work. Possession of a firearm by a convicted felon in Florida is a second-degree felony itself, which means Rattenni could have been looking at up to 15 years in jail if convicted. And all of this stems from an investigation that apparently didn’t lead to an arrest. Like many NRA members, we support restrictions on gun ownership for people convicted of violent felonies -- but only those who were actually convicted, not just charged.

If you’re charged with a firearms crime in Florida, you should call the firearms criminal defense experts at Balliro as soon as possible. To set up a free, confidential evaluation of your case, please contact us online or call toll-free from anywhere in Florida at 1-866-FIREARMS.

Woulard was driving home at about 9:25 in the morning when he noticed a pair of legs sticking out of his own back window. Rather than call the police, he took out his legally owned revolver and entered his home through the front. When he found Holloman, he asked the juvenile to get out of the house. Holloman left through the window but refused to lie down on the ground as Woulard asked. Woulard fired one bullet into the ground and told Holloman he would shoot if Holloman did not obey. Woulard then walked Holloman to the driveway, where he had Holloman lie down and wait for the police to arrive. It was not clear who called the police.

Our Miami-Dade gun crimes criminal defense lawyers are pleased to see that Woulard is being hailed as a quick thinker, rather than being charged with a crime. Incredibly, this is a possibility even in Florida. Inside the home, Woulard would likely be protected by the “stand your ground” law, which allows Floridians to use deadly force against intruders who are “unlawfully” or “forcibly” entering the home, regardless of whether they pose a threat. But the use of the “stand your ground” law outside the home is controversial and not settled. Outside, where Woulard was when he fired, you can use force in self-defense only if you reasonably believe the force is necessary to protect you or another from imminent use of unlawful force. In this case, that would mean Woulard would have had to show that he believed he was physically threatened by Holloman. Depending on the circumstances, this could be harder to prove.

If you’re charged with a firearms crime in Florida, you should talk to the experienced attorneys at Balliro right away. To set up a free consultation, you can send us a message through our site or call toll-free from anywhere in Florida at 1-866-FIREARMS.

It was not clear how police identified Reese as the robber, but the newspaper said charges of grand theft and armed robbery are pending against him. This interests us greatly, as West Palm Beach gun crimes criminal defense lawyers, because it’s not at all clear that the perpetrator would be responsible for armed robbery. Some states have allowed defendants to be charged with firearms crimes if they use toy guns, simulate a gun in some other way or directly lie about having a gun. But it’s not clear whether Florida prosecutors can reasonably bring firearms charges against someone who merely implies the presence of a gun. Such a person might be able to raise a partial legal defense by arguing for the charges to be dropped. Robbery with a firearm is a life felony in Florida. By contrast, “unarmed” robbery is a second-degree felony carrying up to 15 years in prison. That means the distinction between armed and unarmed matters very much.

If the perpetrator actually possessed a firearm during the robbery, he would also trigger a very serious provision of Florida law called the 10/20/life provision. This law requires mandatory minimum prison time for people who commit certain crimes, including robbery. For the provision to be triggered, the defendant must actually possess the firearm, as opposed to having one in a closet at home or having a buddy nearby who has one. If that condition is met, the defendant must serve every day of a 10-year minimum sentence before he or she is eligible for release. If the firearm is discharged during the crime, the defendant serves a mandatory minimum of 20 years. It’s a mandatory minimum life sentence if someone is injured. No matter what the circumstances, judges may not reduce these. This is another reason why it would be vital for the suspect to prove that he didn’t have a firearm (if indeed he didn’t).

If you’re charged with a firearms crime in Florida, you should call Balliro right away. To set up a free consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.

The Pasco County Sheriff’s Office said Ronzino said he took out the .380-caliber handgun because he heard a shot fired in the night. After finding nothing unusual outside, he put the gun on the nightstand and went back to sleep. Around 10:35 a.m. on March 26, Mckenzie apparently found the gun and shot herself in the abdomen. Ronzino was out shopping, but Smith was home. After the incident, a police search turned up two other handguns and an AK-47, all of which were confiscated along with the marijuana. Ronzino faces charges of child neglect by culpable negligence, a second-degree felony carrying up to 15 years in prison. He is separately charged with possession of marijuana with the intent to sell. Bail was set at $55,000, and Ronzino has been ordered to stay away from Mckenzie and not to possess any other firearms.

As responsible gun owners and Miami gun crimes defense lawyers, we’d like to remind Floridians that two different statutes specifically require gun owners to keep loaded weapons out of the reach of minors under 16. If a minor gets hold of such a weapon and possesses or exhibits it publicly, the responsible person can be charged with a misdemeanor. If the minor uses the weapon to inflict injury or death on anyone, including himself or herself, the responsible person can be charged with a third-degree felony for culpable negligence. Interestingly, Ronzino is charged with a more serious second-degree felony under a Florida child neglect statute that doesn’t mention firearms. If we were representing Ronzino, we’d be interested to know why he is being charged with the more serious crime of child neglect, given that the culpable negligence statute seems to describe the situation better.

If you’ve been trapped in the criminal justice system because of a firearms-related matter, you should call Balliro right away. To set up a free, confidential consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.

The NRA-backed bill grew out of a 2009 controversy involving a private adoption agency contracted to the Florida Department of Children and Families. That agency used a form that included a question about the couple’s gun ownership. At least one couple went to a state legislator to complain that the question violated their Second Amendment rights. More specifically, the question raised concerns in some circles that the question could be used to create a “gun registry,” which is forbidden by Florida law. The agency stopped using the form after DCF explained this concern, and state officials said they didn’t know of anyone being denied a chance to adopt because of gun ownership. Nonetheless, the bill’s Senate sponsor said it may prevent couples from adopting overseas rather than submitting to Florida’s adoption questions.

We applaud any measure that helps get more children into loving homes. And as Miami gun crimes defense attorneys, we particularly applaud this bill for erasing any lingering prejudice against gun owners. Questions to prospective parents about their firearms ownership imply that the asker thinks owning a gun raises concerns about their fitness as parents. In fact, guns are not the problem -- responsibility around guns is the problem. Millions of Americans have grown up safely, and are still growing up safely, in homes with guns. Children are only in great danger in the homes of people who use or store guns irresponsibly. Furthermore, we’re pleased to see that this bill heads off any hint of a “gun registry,” something that could lead to government theft of law-abiding citizens’ guns and eventually, tyranny.

If you’re charged with a firearms crime, Balliro can help. To learn more at a free consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.

Johnson v. United States started when Curtis Darnell Johnson was accused of possession of ammunition by a convicted felon. He pleaded guilty, which would normally get him a sentence of two or three years in prison, although ten years is the maximum. However, prosecutors in that case used his prior felony convictions -- for burglary, cocaine possession and battery -- to invoke the ACCA, increasing his minimum sentence substantially. One of those convictions was a Florida state conviction for simple battery, which was automatically charged as a felony because he had a previous battery conviction. Johnson’s public defender, Lisa Call, argued that the battery conviction doesn’t meet the requirements of the ACCA because battery is not necessarily a violent crime in Florida. A 7-2 majority of the justices agreed.

As Miami-Dade gun crimes defense lawyers, we are very pleased to see the ACCA clarified. In Florida, you can be convicted of simple battery for any unwanted touching. The Florida Supreme Court has ruled that this can include a tap on the shoulder. That means felony battery could include a lot of behaviors that wouldn’t normally be considered violent. In most cases, judges can take circumstances like this into account, but not under mandatory minimum sentence laws like the ACCA, because mandatory minimums leave judges almost no flexibility. This ruling doesn’t change that, unfortunately, but it does help reduce the chances of an unfair outcome by requiring that the “violent felony convictions” that trigger the law actually be violent. As the article notes, this will force prosecutors and defense attorneys to take a careful look at prior convictions before agreeing that the ACCA applies.

If you’re accused of a firearms crime and you know you need help, call Balliro as soon as possible. To set up a free, confidential case evaluation, you can reach us toll-free from anywhere in Florida at 1-866-FIREARMS or contact us through the Internet.

Records show that Buhs was using fireworks for public displays, for which he had a permit and insurance. However, he had also been accused of selling some fireworks illegally, a second-degree misdemeanor. The state has the right to seize any illegal fireworks, which may have been the reason for the search warrant. However, when law enforcement officers arrived at the home, they found the morphine, the alprazolam and “several weapons.” The article said the alprazolam charge was dropped, and that Buhs was sentenced to time served for the misdemeanor fireworks charge. However, prosecutors charged him with trafficking in morphine and possession of a firearm by a convicted felon, and he pleaded no contest to both charges. He is serving a 25-year sentence for the morphine concurrently with a 15-year sentence for the weapons.

As Miami gun crime defense lawyers, we are most interested in the firearm possession charge. Once you have any felony on your record in Florida, you are legally barred from possessing a firearm for the rest of your life. That’s true even if the original crime was not a gun crime and even if the original crime was not violent. As you can see from this case, the penalties are extremely steep -- possession of a firearm by a felon is a second-degree felony itself, carrying up to 15 years in prison. People with felony convictions in their past can petition Florida’s government to restore their civil rights, which include the right to bear arms as well as the right to vote and have certain jobs. We strongly recommend that former felons who want to own firearms for law-abiding purposes petition to restore their civil rights, so they don’t face this steep sentence for engaging in otherwise legal, and constitutionally protected, behavior.

If you’re charged with a gun-related crime in Florida and you know you need help untangling yourself, you should call Balliro today. For a free consultation, you can send us an email through this site or call 1-866-FIREARM toll-free from anywhere in Florida.

In some ways, the case is repeat of D.C. v. Heller, the June 2008 ruling that struck down a similar ban in Washington, D.C. In that case, the court said the Second Amendment gives Americans the right to own firearms and use them legally, even if they are not part of a government “militia.” However, the justices stopped short of invalidating all gun controls, such as restrictions on carrying firearms into schools. That ruling applied only to federal land, which includes the capital but no other U.S. cities. That meant McDonald and others like him had to file their own cases to determine whether the court’s interpretation of the Second Amendment in Heller applies to state and local laws as well. Other state laws that might come under fire include bans on carrying a loaded weapon in public and possession bans for people convicted of domestic violence.

In the past, the court has applied parts of the Bill of Rights to states by using the Fourteenth Amendment’s prohibition that “no state shall deprive any person of life, liberty or property without due process of law.” It is expected to do that in this case. However, the Chicago plaintiffs and some conservative legal observers prefer that the court use another part of the Fourteenth Amendment, which forbids states from making laws “which abridge the privileges or immunities” of citizens. To do that, it has to overturn three rulings from the 1870s and 1880s that undercut the privileges and immunities clause and specifically said the Second Amendment applies only to the federal government.

Our West Palm Beach firearms criminal defense lawyers will not presume to tell the court which argument is best. However, we hope that the court meets public expectations by expanding its ruling in Heller to Chicago and everywhere else in the United States. A full ban on handguns is against the plain language of the Second Amendment. The court has expanded many other parts of the Bill of Rights to the states, and this right is no different except that it’s less popular. And, contrary to what the defendants claim, a ruling for McDonald wouldn’t necessarily allow just anyone to get their hands on a dangerous weapon. The majority opinion in Heller specifically said states are free to place certain restrictions on gun ownership.

If you’re facing legal trouble because you exercised your right to bear arms, Balliro can help. To set up a free consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.