Switch to ADA Accessible Theme
Close Menu
Tampa Criminal Attorney
Free Consultation Call 24/7
813-461-5291

If You've Been Arrested in Tampa Bay or Surrounding Areas, We Can Help You Immediately!

Tampa Criminal Defense Attorney
ABA Criminal Defense
National Criminal Defense
AVVO Tampa Criminal Lawyer
FACDL
Tampa Criminal Attorney > Brandon Gun & Firearm Charge Attorney

Brandon Gun & Firearm Charge Attorney

A firearm charge in Florida carries consequences that extend far beyond a fine or a short sentence. Convictions can strip away your right to own or possess a gun permanently, affect your ability to work in licensed professions, and in cases involving prior offenses, trigger mandatory minimum prison terms that the judge has no discretion to waive. Omar Abdelghany of OA Law Firm has defended clients against Brandon gun and firearm charges and related weapons offenses throughout the Tampa Bay area, and he handles every case personally, from the first call through final resolution.

What Florida Actually Charges and Why Brandon Cases Can Move Fast

Hillsborough County prosecutors handle a substantial volume of weapons cases, and firearm charges are among the ones they tend to pursue aggressively. When a stop in Brandon results in a firearm being found, law enforcement and the State Attorney’s Office often move quickly to file charges before defendants have had a chance to consult with anyone.

The most common charges Omar sees in this area include carrying a concealed weapon without a license, possession of a firearm by a convicted felon, improper exhibition of a firearm, and possession of a firearm during the commission of another offense. Each carries a different penalty structure, and the way they stack with other charges matters enormously to how a case resolves.

Florida’s 10-20-Life statute is one of the more significant pressure points in any weapons case. Under that law, using a firearm during certain felonies triggers a mandatory minimum of ten years. Firing the weapon triggers twenty. Causing great bodily harm triggers a mandatory life sentence. These minimums bind the sentencing judge, which means your defense cannot rely on a sympathetic courtroom if the charge sticks. The work has to happen earlier, at the charging stage or in pretrial motions.

Brandon sits at the intersection of several major corridors, and traffic stops along U.S. 301, SR 60, and the sections of I-75 running through eastern Hillsborough County generate a meaningful share of the weapons charges filed in this area. A stop that turns into a search, a search that turns into a firearm discovery, and a discovery that turns into an arrest can happen very quickly, and the legal questions raised by each step in that sequence matter.

Where Firearm Cases Actually Get Challenged

The strength of a firearm charge almost always depends on how the firearm was discovered and whether the circumstances surrounding that discovery hold up under constitutional scrutiny. Omar’s approach begins with a close read of the police report, body camera footage if available, and any other documentation related to the stop, search, or arrest. What happened before the firearm was found often matters more than the firearm itself.

Fourth Amendment issues come up frequently. Was there a legitimate basis for the traffic stop? Did the officer have reasonable suspicion to detain the person beyond the scope of the stop? Was consent to search freely and voluntarily given, or was it obtained through pressure? If a search was conducted without consent, was there an applicable exception to the warrant requirement, and did the facts actually support it?

When evidence is obtained in violation of a defendant’s rights, a motion to suppress can be filed asking the court to exclude it. If the firearm gets suppressed, the State’s case collapses. These motions require precision, they require knowledge of Florida and federal case law on search and seizure, and they require a lawyer who is willing to do the work and argue the motion in front of a Hillsborough County judge.

Beyond search and seizure, there are constructive possession issues in cases where a firearm is found in a shared space, like a vehicle or a residence with multiple occupants. The State must prove the defendant knew about the firearm and had the ability and intent to exercise control over it. That is not always an easy case for the prosecution to make, and challenging the possession element is a legitimate and often effective strategy.

Licensing defects are another avenue in concealed carry cases. Florida law has specific requirements for who qualifies for a license, what the license covers, and how it must be maintained. Procedural and statutory arguments based on the licensing framework can sometimes result in reduced charges or dismissal.

Felony Convictions and the Right to Possess a Firearm

Possession of a firearm by a convicted felon is a second-degree felony in Florida, carrying up to fifteen years in prison. It is also a federal offense under 18 U.S.C. ยง 922(g), and federal prosecutors in the Middle District of Florida, which covers the Tampa Bay area, have historically been willing to pick up cases that involve prior convictions and firearms. Omar is licensed to practice in federal court in the Middle District and the Northern District of Florida, so if a Brandon firearm case draws federal attention, he can continue representing you without a handoff.

The prior conviction that triggers a felon-in-possession charge is not always straightforward. Whether a conviction qualifies, whether rights were restored, and whether the prior offense actually constitutes a “felony” under the applicable statute are all questions that deserve careful analysis. Assumptions in this area can be wrong, and the answer can change how the charge is framed or whether it can be fought.

Questions Brandon Residents Ask About Firearm Charges

Can I still face charges if the firearm was legally purchased?

Yes. Legal ownership and lawful possession are separate questions. A person who legally purchased a firearm can still face charges for carrying it without a proper concealed carry license, possessing it in a prohibited location, or using it in a way that triggers a weapons offense. The origin of the firearm rarely determines whether a charge applies.

What happens to my concealed carry license if I am arrested?

An arrest alone does not automatically revoke a concealed weapons license in Florida, but a conviction for certain offenses will. The Florida Department of Agriculture and Consumer Services, which administers the licensing program, can suspend or revoke a license following a conviction. If you hold a license, that is an additional reason to address the underlying charge as early and effectively as possible.

Is a gun charge automatically a felony in Florida?

Not always. Carrying a concealed weapon without a license is a third-degree felony, but improper exhibition of a firearm is a first-degree misdemeanor. The specific charge matters, and so does the context. Prior criminal history, the type of weapon involved, and what else was happening at the time of the incident all influence how the State charges the conduct.

What if the firearm was found in a car I was riding in but do not own?

Vehicle cases frequently raise constructive possession questions. If you were a passenger and the firearm was in the vehicle, the State still has to prove you knew about it and exercised control over it. That is not automatic just because you were present. The facts of where the firearm was found, who had access to that area, and what other evidence existed all feed into whether the possession charge can be sustained.

How does a firearm charge interact with other charges in the same case?

Florida’s sentencing guidelines use a point-based system, and a firearm component can add significant points, pushing a recommended sentence higher even for the underlying offense. If the firearm charge triggers mandatory minimums under 10-20-Life, those sentences may have to run consecutively. Understanding how charges interact with each other is part of evaluating any plea offer the State extends and deciding whether to fight or negotiate.

Will Omar Abdelghany personally handle my case?

Yes. Omar personally handles all matters at OA Law Firm. You will not be passed to an associate or receive updates from a paralegal. He reviews the evidence, appears in court, files the motions, and negotiates directly with the prosecutor. Clients also have his direct contact information and can expect prompt responses to calls and emails throughout the process.

How quickly should I contact a lawyer after a firearm arrest in Brandon?

As soon as possible. Statements made to law enforcement, decisions made at arraignment, and the early posture of the case can all affect how things unfold. Early involvement by a defense attorney gives you more options, not fewer.

Defending Firearms Cases Across the Brandon Area

OA Law Firm represents clients in Brandon and throughout the surrounding communities in eastern and central Hillsborough County. Whether the charge originated from a stop on Brandon Boulevard, an incident near Riverview or Valrico, or an arrest that connects to conduct elsewhere in the Tampa Bay region, the cases are handled in Hillsborough County courts and, where applicable, in federal court. Omar understands how the local system works and approaches each case with a realistic, detailed assessment of the options.

If you are facing a firearm offense in the Brandon area and want to understand what you are actually dealing with and what can be done about it, contact OA Law Firm to speak directly with a Brandon firearm defense attorney about your situation.

Client Reviews
Stars

"I was in the unfortunate situation of having to hire a lawyer for my grandson and since I did not know of anyone that could refer me, I had to rely on my judgement of character and when I sat down in front of Omar, I knew that I had made the right decision. He is a very professional, well versed in the law, knowledgeable young man that takes the time to explain every aspect of your case to you. He returns calls promptly, knows your case inside out and is very punctual in meetings and court hearings. I could not have chosen a better, more qualified lawyer to represent my grandson. He comes highly recommended by me and you will not go wrong in obtaining his services."

- Gloria

"It is with pleasure that we wish to recommend Mr. Omar Abdelghany in his practice as a Criminal Defense Attorney. He was hired in the defense of our son. The defense included more than one offense, which required legal maneuvering to address the issues. Omar's skills came into play in positioning the case, which resulted in a good outcome given the facts at hand."

- Ted

"Lawyer Abdelghany, has been a tremendous blessing and stress reliever, not only to me but also to my family members in need of professional help. He was understanding of my situation and worked with me financially. I am overall grateful for him and would refer all my family and friends to hire him."

- Khalil G.
View More