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Engaging in Criminal Offenses with a Weapon

Under Section 790.07(1) and (2), Fla. Stat., it is a crime to use a weapon or firearm while committing or attempting to commit a felony.

According to the standard jury instructions for the crime, the elements that must be proven at trial beyond all reasonable doubt include:

  • the defendant either:
    • displayed, used, threatened to use, or attempted to use a weapon, firearm, or an electric weapon or device; or
    • carried a weapon or firearm, which was concealed from the ordinary sight of another person;
  •  the defendant did so while committing or attempting to commit the designated felony.

The standard jury instructions for the offense were adopted in 1981 and amended in 1989 and 1992.

In many of these cases, the felony being committed is burglary or robbery, although other felony offenses can be alleged.

Attorneys for Use of a Firearm During a Felony in Tampa, FL

If you were accused of using a weapon or firearm while committing or attempting to commit a felony under Section 790.07(1) and (2), Fla. Stat., then contact an experienced criminal defense attorney at Sammis Law Firm.

Our attorneys are focused on firearm crimes throughout Tampa, Hillsborough County, and the greater Tampa Bay area. Our main office is located in downtown Tampa. Our second office is located in New Port Richey in Pasco County, FL.

We also represent clients for the related offenses of carrying concealed weapons under Section 790.01 or improper exhibition of dangerous weapons under Section 790.10.

Call us at 813-250-0500 to discuss your case.

Penalties for Firearm Use During the Commission of a Felony

In Hillsborough County, the crime is listed on the Inmate Arrest Details page as POSSESSION OF FIREARM DURING COMMISSION OF FELONY (WEAP2050), a second degree felony.

In Florida, a second degree felony is punishable by up to fifteen (15) years in Florida State Prison, and a fine of up to $10,000.

If you are accused of displaying, using, threatening, or attempting to use a firearm or any weapon, or carrying a concealed weapon while committing a felony or trying to commit a felony, after a prior conviction under Section 790.07(2), then you can be charged with a first-degree felony under Section 790.07(4).

A first-degree felony is punishable by up to thirty (30) years in prison and by a fine of up to $10,000.

Double Jeopardy Issues for Section 790.07 Crimes

In Cleveland v. State, 587 So. 2d 1145 (Fla. 1991), the Florida Supreme Court held that:

“when a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).”

Cleveland, 587 So. 2d at 1146.

This article was last updated on Wednesday, November 30, 2022.