Tampa Use of a Firearm in a Felony Attorney

Florida treats the presence of a firearm during a felony as a separate and serious sentencing concern, not merely an aggravating footnote. A charge for use of a firearm in a felony carries mandatory minimum sentences that a judge cannot reduce regardless of the surrounding circumstances. Those minimums stack on top of the underlying felony penalty. For anyone facing this combination of charges in Tampa or the surrounding Hillsborough County area, the stakes are not theoretical. Attorney Omar Abdelghany of OA Law Firm handles criminal defense exclusively and represents clients charged with firearm-related felonies throughout Florida’s courts, including federal court in the Middle District of Florida.

How Florida’s 10-20-Life Law Actually Operates

Florida Statute 775.087 is the governing law most people know as the 10-20-Life statute. The mechanics are straightforward in one sense and deeply punishing in practice. If a person merely possesses a firearm during the commission of specific felonies, the statute adds a mandatory minimum of ten years. If that firearm is discharged during the offense, the mandatory minimum rises to twenty years. If the discharge causes death or serious bodily injury to another person, the mandatory minimum becomes twenty-five years to life.

The list of predicate felonies, meaning the underlying offenses that trigger these enhancements, includes robbery, burglary, aggravated assault, aggravated battery, kidnapping, sexual battery, carjacking, home invasion, and drug trafficking, among others. This is not an exhaustive list, and prosecutors regularly argue that certain charges qualify even when the connection is not obvious.

What matters practically is that a judge has no discretion to sentence below these minimums once the enhancement applies. This is a structural feature of the law, not a preference any individual judge holds. The only meaningful path to avoiding a mandatory minimum, short of acquittal, generally runs through the charging decisions made by prosecutors or through successful suppression of evidence before trial. That is why the work done at the earliest stages of a case carries disproportionate weight.

Where These Charges Surface in Hillsborough County

Tampa’s geography and the nature of its criminal docket shape how firearm felony enhancements actually arise. The Hillsborough County courthouse handles a substantial volume of cases involving robbery and aggravated assault charges where the presence of a weapon is alleged. Law enforcement agencies operating in the county, including the Tampa Police Department and the Hillsborough County Sheriff’s Office, frequently include firearm allegations in arrest reports as a matter of charging practice, sometimes even when the weapon’s role in the offense is disputed or ambiguous.

Federal cases add another dimension. Drug trafficking charges originating in Tampa often reach the United States District Court for the Middle District of Florida in Tampa. When a federal indictment includes both a trafficking count and a firearm count under 18 U.S.C. 924(c), the mandatory penalties become even more severe than the state equivalents, and the federal sentencing guidelines compound the exposure further. Omar Abdelghany is licensed in federal court and handles both state and federal firearm enhancement cases.

The practical takeaway is that these charges do not arise in a vacuum. They come attached to other serious felony allegations, which means the defense strategy has to account for the entire charging document, not just the firearm count in isolation.

What Defense Actually Looks Like When a Firearm Enhancement Is Charged

Defending against a firearm enhancement involves several distinct analytical questions, each of which can become the foundation of a viable defense or a negotiating position with prosecutors.

The first question is whether the firearm was actually present. In some cases, law enforcement draws an inference from witness statements or surveillance footage rather than recovering the weapon itself. Where the physical evidence is thin, challenging the sufficiency of that evidence becomes central to the case.

The second question is whether the firearm was in the defendant’s possession or under their control. Florida courts have addressed constructive possession in this context, and the analysis is fact-specific. If multiple people were present and the firearm’s connection to a particular individual is ambiguous, that ambiguity is worth pressing.

The third question concerns the search and seizure. If law enforcement located the firearm through a stop, search, or entry that raises constitutional questions, a suppression motion may result in that evidence being excluded. Omar Abdelghany examines police reports, body camera footage, and the procedural circumstances of every search in his cases. When officers lacked reasonable suspicion for a stop or probable cause for a search, the exclusionary rule can eliminate the evidence that makes the enhancement possible.

The fourth question is whether the underlying felony itself can be challenged. Because the firearm enhancement is derivative of the predicate offense, successfully defending the underlying charge removes the enhancement entirely.

None of these defenses are available to every client in every case. But each one requires careful, early investigation rather than a reactive posture at trial. The earlier a defense attorney is involved, the more options remain open.

Answers to Questions Clients Ask About Firearm Felony Charges in Tampa

Can a judge show leniency and sentence below the mandatory minimum if my circumstances are unusual?

In Florida state court, the 10-20-Life mandatory minimums are binding on judges. The statute was specifically written to remove judicial discretion. The only mechanisms that can result in a sentence below the minimum are prosecutorial decisions, such as amending the charge or declining to pursue the enhancement, or a successful challenge that results in acquittal or dismissal. In federal court, different rules apply, but federal mandatory minimums under the firearms statute are similarly rigid.

What happens if the firearm was legally owned and I had a concealed carry permit?

Legal ownership and licensure do not create a blanket exemption from Florida’s firearm enhancement statute. The relevant question is whether a firearm was present during the commission of a qualifying felony. That said, the circumstances surrounding legal ownership and licensure may be relevant to other aspects of the case or to the credibility of the underlying allegations, depending on the facts.

Is this the same as a separate charge or just an enhancement to my existing charge?

Under Florida Statute 775.087, the firearm provision operates as a sentence enhancement rather than a freestanding charge. In federal cases involving 18 U.S.C. 924(c), the firearm count is typically charged as a separate offense with its own mandatory consecutive penalty. The distinction matters because it affects how the charges are structured, how plea negotiations unfold, and what happens at sentencing.

How does this affect a potential plea agreement?

The presence of a mandatory minimum creates a hard floor in plea negotiations. A prosecutor who insists on the enhancement as part of any plea agreement is effectively requiring a sentence that begins at ten or twenty years. Whether that enhancement can be removed from the agreement depends on the strength of the evidence, the nature of the underlying offense, and the willingness of the assigned prosecutor to exercise discretion. An attorney who thoroughly investigates the case and identifies evidentiary problems has more leverage in those conversations than one who has not.

Will a conviction affect my ability to legally possess firearms in the future?

A felony conviction in Florida results in the permanent loss of the right to possess firearms under both Florida and federal law. A conviction involving a firearm enhancement is a felony conviction, and that collateral consequence applies regardless of whether the firearm enhancement itself was at issue.

Can federal and state charges both be filed for the same incident?

Yes. The dual sovereignty doctrine permits both state and federal prosecutors to pursue charges arising from the same conduct. When a case involves drug trafficking with a firearm, for example, both the Hillsborough County State Attorney’s Office and federal prosecutors in Tampa may have concurrent jurisdiction. How those decisions unfold depends on the specifics of the offense, the agencies that investigated it, and prosecutorial priorities at a given time.

How quickly should I contact a defense attorney after an arrest?

Immediately. Statements made during and after arrest become part of the evidentiary record. Physical evidence may be collected quickly. Attorney involvement at the earliest stage creates the most options, and delays narrow them. Omar Abdelghany is available around the clock to speak with clients about their situations.

Talk to OA Law Firm About Your Tampa Firearm Felony Case

A charge involving the use of a firearm during a felony in Tampa is not a situation where a wait-and-see approach serves anyone well. The mandatory minimum structure of Florida law means that the trajectory of these cases often gets determined well before trial, in decisions made about charging, evidence, and negotiation. Omar Abdelghany handles every case in his office personally. You will speak directly with your attorney, receive clear communication throughout the process, and work with someone who has handled felony cases in Florida courts across the full range of severity. Contact OA Law Firm today to discuss your situation with a Tampa firearm felony defense attorney.