Tampa’s Domestic Violence Charges and Firearm Rights

In Tampa and the rest of Florida, domestic violence charges and firearm rights are taken very seriously and can have significant legal consequences including effects on the ability to own firearms and loss of concealed weapons permit. If you have been convicted of domestic violence, you will almost always lose the right to possess or own firearms.  In addition, you may face consequences that include mandatory counseling (Batterer’s Intervention Program), and no-contact orders, probation, fines, community service, and jail time. A conviction can bring a permanent criminal record that can damage your family and relationships, ruin prospects for education and a career, and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits.

As soon as you are charged, the prosecution starts to obtain evidence and build a case against you. Your future is too important to fight these charges on your own. An experienced Tampa domestic violence lawyer can provide you with the guidance and aggressive representation to fight to have your charges reduced or dismissed.

What Are Domestic Violence and Firearm Laws in Florida?

Under Florida Statute § 741.28, domestic violence includes:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or battery
• Stalking or aggravated stalking
• Kidnapping or false imprisonment
• Any criminal offense resulting in physical injury or death of a family/household member.

To be a case of domestic violence, a “family or household member” is considered to be:

• Spouses or former spouses
• People related by blood or marriage
• People who live or have lived together as a family
• Parents of a child (regardless of marriage or cohabitation.

While domestic violence battery is a misdemeanor offense punishable by up to one (1) year in jail and a fine of up to $1000, there are also several crimes of domestic violence that rise to the level of a felony, including domestic violence battery by strangulation.

Florida Statutes § 790.23 makes it illegal for a convicted felon, or a delinquent convicted of an equivalent offense, to possess firearms, ammunition or other related weapons. Individuals convicted in other states for offenses that would be a felony in Florida are also barred from possessing these weapons and ammunition in the state of Florida. This statute does allow for some convicted felons to have their weapons rights restored. Any convicted felon who is found in possession of these weapons or ammunition and has not had their weapons rights restored can be charged with a second-degree felony.

Can I Own a Gun If Convicted of Domestic Violence?

What many people do not realize is that a conviction for any crime of domestic violence prohibits that individual from owning a firearm FOR THE REST OF HIS OR HER LIFETIME.

This is not based upon a Florida law, but rather a federal statute known as the Lautenberg Act. A violation of this statute is a federal crime punishable by up to ten (10) years in federal prison.

If you are facing a domestic violence charge, it is important that you do not simply plead guilty or no contest. This could result in a conviction for domestic violence and lead to the loss of your right to own a firearm. Instead, contact an experienced criminal defense attorney — preferably a gun crime lawyer familiar with how domestic violence charges can impact your firearm rights. Your lawyer may be able to help you avoid a conviction and therefore maintain your right to own a weapon in the State of Florida.

What are firearm Rights After Domestic Violence Charges?

Once you are charged with domestic violence, convictions or restraining orders trigger strict firearm restrictions and you will almost always lose your firearm rights. Even if you are hit with active restraining orders (injunctions), you are prohibited from possessing firearms and ammunition during the injunction.  Violations are a first-degree misdemeanor (up to 1 year in jail).

Under federal law (Lautenberg Amendment to the Gun Control Act of 1968), individuals convicted of a misdemeanor domestic violence offense lose the right to possess or own firearms. Florida mirrors this with state restrictions, especially once injunctions or restraining orders are involved. Even if charges are dropped or dismissed, if a restraining order (injunction) is granted, temporary loss of firearm rights can still apply. If you are convicted of a felony, you will be permanently barred from firearm possession unless your civil rights are restored.

Exceptions do exist for law enforcement officers using firearms for official duties, but not for personal use.

What Are Domestic Violence and Firearm Rights?

If you are charged with domestic violence in Florida, your firearm rights are immediately and significantly affected, even before any conviction. You will face:

• Concealed Carry Suspension: If you are arrested or charged with domestic violence, your right to carry a concealed weapon or firearm is suspended while the case is pending. If you are not convicted, your concealed carry rights are reinstated
• Protective Orders/Injunctions: If a court issues a final domestic violence injunction (protective order) against you, you are prohibited from possessing or controlling firearms or ammunition for as long as the order is in effect. The court may require you to surrender firearms, and violating this order is a criminal offense.

Remember, if you are convicted of a misdemeanor crime of domestic violence, under federal law you lose the right of possessing, owning, or buying firearms or ammunition anywhere in the United States. If you are convicted of a felony for domestic violence, under both Florida and federal law you lose firearm rights permanently and you face permanent suspension or denial of a concealed carry license.

The firearm rights ban remains in effect unless the conviction is expunged, set aside, or you are pardoned.

How a Lawyer Can Help with Domestic Violence and Firearm Rights Charges

Just because you have been charged with domestic violence, it does not mean you will lose your firearm rights forever. A skilled defense attorney can help defend your rights and your future.

Defense attorneys can act quickly to secure your release from jail by arguing for immediate bond at your first court appearance, potentially reducing the time you spend in custody. They can conduct independent investigations, gather evidence, and scrutinize the prosecution’s case for inconsistencies, lack of evidence, or ulterior motives such as false accusations in custody disputes. They can be there for you and navigate injunction hearings for restraining orders, protect your firearm rights if not convicted, mitigate the impact on custody or divorce proceedings, and manage immigration consequences if need.

To defend you, attorneys may utilize defense strategies that include:

• Challenging the evidence (e.g., lack of injury, inconsistent statements)
• Arguing the situation was due to self-defense
• Arguing for pretrial diversion or dismissal
• Negotiating reduced charges, such as for simple battery instead of domestic violence
• Seeking to seal or expunge records, if you are eligible.

Get Help from Our Florida Domestic Violence Defense Attorney in Tampa

If you have been hit with domestic violence or weapons charges our skilled criminal defense attorneys can help.

At Taracks & Associates, founding attorney Barry Taracks was a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. Remember, you are innocent until proven guilty. Our goal is to analyze your situation, determine the best way defend you against criminal charges, and aggressively fight for your rights and your freedom.

Call us today to get started building the best defense possible. Our firm answers the phone 24 hours a day and you generally will speak to a lawyer within an hour, no matter what time of day you call.