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

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.

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

Attorneys for Firearm Offenses 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.


This article was last updated on Friday, July 5, 2019.

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