Florida criminal charge
Persons engaged in criminal offense, having weapons in Florida
Persons engaged in criminal offense, having weapons is a criminal offense under Florida law, defined by Fla. Stat. § 790.07. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.07.
What is the penalty for persons engaged in criminal offense, having weapons in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Weapon (non-firearm) possession/use during felony or under indictment — A person, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device, or carries a concealed weapon.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Weapon (non-firearm) possession/use during felony or under indictment — A person, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device, or carries a concealed weapon.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Firearm possession/use during felony — A person, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm, or carries a concealed firearm.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Firearm possession/use during felony — A person, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm, or carries a concealed firearm.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Repeat offense after prior conviction under subsection (1) or (2) — A person previously convicted under subsection (1) or (2) who subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, or carries a concealed weapon or firearm, while committing or attempting to commit a felony or while under indictment.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Repeat offense after prior conviction under subsection (1) or (2) — A person previously convicted under subsection (1) or (2) who subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, or carries a concealed weapon or firearm, while committing or attempting to commit a felony or while under indictment.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is persons engaged in criminal offense, having weapons classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Weapon (non-firearm) possession/use during felony or under indictment | Felony of the Third Degree | A person, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device, or carries a concealed weapon. | Fla. Stat. § 790.07(1) |
| Firearm possession/use during felony | Felony of the Second Degree | A person, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm, or carries a concealed firearm. | Fla. Stat. § 790.07(2) |
| Repeat offense after prior conviction under subsection (1) or (2) | Felony of the First Degree | A person previously convicted under subsection (1) or (2) who subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, or carries a concealed weapon or firearm, while committing or attempting to commit a felony or while under indictment. | Fla. Stat. § 790.07(4) |
Common questions about persons engaged in criminal offense, having weapons in Florida
Is persons engaged in criminal offense, having weapons a felony or a misdemeanor in Florida?
It depends on the circumstances: persons engaged in criminal offense, having weapons ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 790.07.
Weapon (non-firearm) possession/use during felony or under indictment: Felony of the Third Degree (Fla. Stat. § 790.07(1)) · Firearm possession/use during felony: Felony of the Second Degree (Fla. Stat. § 790.07(2)) · Repeat offense after prior conviction under subsection (1) or (2): Felony of the First Degree (Fla. Stat. § 790.07(4))
What are the penalties for persons engaged in criminal offense, having weapons in Florida?
Penalties for persons engaged in criminal offense, having weapons in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers persons engaged in criminal offense, having weapons?
Persons engaged in criminal offense, having weapons is governed by Fla. Stat. § 790.07 (Persons engaged in criminal offense, having weapons).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.