St. Petersburg Firearms Offenses Attorney

Dedicated & Fierce Defense Against Gun Crime Charges

A firearms charge in Florida is not a matter to take slowly. The penalties under Florida law are severe — and in many cases, mandatory. Judges have limited discretion. The law can force their hand on sentencing, and that reality makes the quality of your defense from day one more consequential than most people realize.

At Bastos Defense, we represent people facing firearms charges throughout St. Petersburg and Pinellas County. Our founding attorney, Attorney María Bastos, is a former statewide prosecutor for the Florida Attorney General who built complex felony cases from the inside. Now she uses that knowledge to build the defense.

Get clarity on your firearms charge and next steps. Send us a message online or call (727) 800-0529 today to schedule your consultation.

How Attorney Bastos Approaches Firearms Defense

We examine every element of a firearms charge: how the stop or search was initiated, whether law enforcement followed proper procedures, whether the evidence establishes actual or constructive possession, and whether any constitutional violations occurred during the investigation or arrest.

• Challenging the Legality of the Stop or Search: The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement lacked probable cause or a valid warrant when they found a firearm, the evidence may be suppressible. A successful suppression motion can dramatically weaken or eliminate the prosecution's case. This is one of the most consequential issues in firearms defense, and it requires a careful review of police reports, body camera footage, and the sequence of events leading to the arrest.
• Contesting Possession: To secure a conviction, the state must prove that you knowingly possessed the firearm, either through actual possession (physically on your person) or constructive possession (within your control or dominion). If the firearm belonged to someone else, was in a shared space, or there is otherwise insufficient evidence of knowing possession, that is a viable area of defense.
• Examining Prior Conviction Records: In felon-in-possession cases, the state must also prove the underlying prior conviction. Errors in conviction records, out-of-state convictions with different classifications, or convictions that were expunged or sealed may affect whether the charge can be sustained.
• Evaluating Self-Defense and Stand Your Ground: Under Florida Statute § 776.012, a person has the right to use or threaten deadly force when they reasonably believe it is necessary to prevent imminent death or great bodily harm.

Florida Firearms Laws: What You May Be Facing

Florida governs firearm offenses primarily under Chapter 790 of the Florida Statutes, with sentencing enhancements under Florida Statute § 775.087. Understanding what charge applies to your situation is the first step toward understanding what is at stake.

• Carrying a Concealed Firearm Without a License (F.S. § 790.01): Carrying a concealed firearm without a valid license is a third-degree felony in Florida, punishable by up to five years in prison and a $5,000 fine.
• Possession of a Firearm by a Convicted Felon (F.S. § 790.23): Under Florida Statute § 790.23, a person with a prior felony conviction is prohibited from owning, possessing, or controlling a firearm or ammunition. A violation is classified as a second-degree felony, carrying up to 15 years in prison.
• Firearm Use During the Commission of a Felony (F.S. § 790.07): Possessing a firearm while committing a felony, even if the weapon is never displayed, is a second-degree felony punishable by up to 15 years. Using or displaying a firearm during a felony elevates the charge to a third-degree felony, punishable by up to 30 years.
• Other Common Firearms Charges in Florida: Additional charges that can arise include unlawful possession of a short-barreled rifle or shotgun, possession of a firearm with an altered or removed serial number under F.S. § 790.27, discharging a firearm in public under F.S. § 790.15, and possession of a firearm while subject to a domestic violence injunction under F.S. § 790.233.

The Consequences Go Beyond Prison Time

A firearms conviction in Florida carries collateral consequences that follow long after a sentence is served. A felony conviction can result in the loss of your right to own or possess firearms in the future. It can affect your eligibility for certain occupational licenses, housing applications, and employment opportunities. Convictions under federal law carry their own restrictions. For non-citizens, firearms charges can trigger immigration consequences including potential deportation.

Bastos Defense represents clients charged with firearms offenses throughout St. Petersburg, Pinellas County, and the greater Tampa Bay area, including Clearwater, Largo, and surrounding communities. Call (727) 800-0529 or message us online today.