Bang… Bang…what an awful sound

Sarasota Office:
Peter D Aiken
941-366-3506
Ft Myers Office:
Sean C O’Halloran
239-334-8890
Punta Gorda:
Andrew Banyai
941-639-6009

There is an old song that goes: Bang bang, you shot me down, bang bang what an awful sound.

There were 146 road rage incidents involving firearms in Florida over the last 2 years. That is a 300 per cent increase. In many of the incidents, it was the aggressor who got shot, presumably in self defense. The bottom line is that none of the incidents should have escalated to that point. Florida leads the US in road rage involving guns.

As criminal defense lawyers we have represented all forms of road rage ranging from aggravated assault with a vehicle to actually pulling or using a gun.

You do have a right to self defense but the far better answer is to avoid confrontation where possible. Never give somebody the finger, slam on you brakes in front of them or provoke a confrontation. Most all of those situations end badly. Just because lawfully you can shoot someone, doesn’t mean you should. You will likely end up getting arrested. Never pull a gun and point it at someone to scare them.

You will get charged with aggravated assault with a firearm and be looking at a mandatory prison sentence.

Never fire a gun as a “warning shot”. Discharging the firearm could get you charged under the 10/20/life law in Florida and you could be facing big time.

If you have a concealed weapons license, you need to act responsibly. Just because you can do something, doesn’t mean you should. I have said that twice now…Think about it. I have defended all types of gun crimes for over thirty years. Deadly force is a last resort. Here in Florida where there are over two million people carrying guns, you have to be careful. You never know when you are going to aggravate some nut and get blasted away. When it comes to road rage, keep your cool.

Smile and drive away…to live another day.

If you have a road rage arrest and want to talk to an experienced criminal lawyer…You can give us a call for a free consultation…It costs nothing to talk

Sarasota Office:
Peter D Aiken
941-366-3506
Ft Myers Office:
Sean C O’Halloran
239-334-8890
Punta Gorda:
Andrew Banyai
941-639-6009

Unlocked Cars and Armed Burglaries

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
239-334-8890
Punta Gorda 941-639-6009
Sarasota 941-366-3506

April 4 2017

CLICK HERE to view or Ft Myers Criminal Defense Attorney Profiles and Credentials

Stolen guns from either a car or a home can increase the penalties and land a person in State prison.

In Florida, over two million people have concealed weapons licenses. The odds of a loaded firearm being found in a car are great. Teen burglars know this, and many times an unlocked car results in a gun being stolen. Teenagers often walk through neighborhoods late at night “pulling handles”. It is incredible how many people leave their car unlocked, and even more incredible how many people leave their pistol in the console or the glove compartment. Guns are worth money and a great find for the teenage or adult car burglar. In a recent Ft. Myers case, a teen burglar found a gun in the first car he entered and took it. That elevated the crime to “armed burglary” because he exited the car with a gun.

When he entered the next car, now with the gun, it made the next entry also an armed burglary and jacked the penalties through the roof. Even if the burglar is not an adult, this charge can have terrible consequences. Worse yet, if the gun is ever used in a crime of violence like armed robbery or aggravated assault with a firearm, the initial theft can have a ripple effect.

People think that you have to enter a vehicle or a house with a gun to make it an armed burglary.

Actually, if the gun is picked up while in the house, or if the gun is removed from the house, the increased penalties apply.

Guns have serial numbers and erasing a serial number on a gun is also a crime. Selling the gun or pawning it may result in yet another crime called “dealing in stolen property” or “defrauding a pawn broker”, both second degree felonies. An unlocked car can set in motion an entire series of crimes, sometimes first and second degree felonies. If the burglar has a prior felony, it can also result in the additional charge of possession of a firearm by a convicted felon.

As a criminal defense lawyer, over the years, I have seen a young life ruined by the temptation of a gun being left in a car. The bottom line is that everyone should remove the gun from the car at night. At a minimum the car should be locked at night. Make a point of actually checking your car each night before you go to bed. Actually pull the handle yourself. Some vehicles are accidentally left unlocked by sitting on your remote or hitting it in your purse. Go pull your handles…each night.

CLICK HERE TO VISIT OUR FT MYERS CRIMINAL DEFENSE OVERVIEW