Eighteen-Year-Old Faces Firearm and Murder Charges in Kissimmee
Kissimmee, Florida police announced on September 3 they arrested Nicolas Rincon, 18, for the shooting death of Tyanna Milagros Velasquez, 19. Officers initially found Rincon with a firearm near the young woman’s home and considered him a person of interest. After detectives interviewed Rincon, he was arrested and charges. He faces charges for possessing a firearm with altered serial numbers, unlawful concealed carry, and homicide. He is being held in the Osceola County Jail without bail. So far, there is no evidence or reports of a motive regarding the shooting.
Florida Firearm Charges
Rincon is in a serious position, facing multiple misdemeanor and felony charges. Based on Florida statute section 790.27, it is unlawful to knowingly alter or remove the manufacturer’s serial number on a firearm. Removing or altering a gun’s serial number is a third-degree felony. If Rincon was not the person who altered the number yet possess a firearm with an unlawfully altered or removed serial number, then he faces a first-degree misdemeanor.
Under section 790.01, it is unlawful to carry a concealed weapon without a valid license. Anyone who illegally carries a concealed weapon or electric weapon or device on his or her person will be charged with a first-degree misdemeanor. Anyone who unlawfully carries a concealed firearm faces a third-degree felony.
While these are two serious Florida firearm offenses, they are not the only ones. There are state laws regarding who can own firearms, which types of firearms are lawful or prohibited, how firearms can be transported and sold, and where and how firearms can be carried openly or concealed. If a person does not have a full understanding of Florida’s firearms and weapons laws, it will be all too easy to find him- or herself facing charges.
Homicide is not one specific crime. Instead, Florida has laws against numerous types of murder, which may result in different punishments. Under section 782.04, murder is the unlawful killing of a human being, which was perpetrated from a premeditated design or when committed during certain felonies. Depending on the circumstances, an individual accused of murder can be charged with a second-degree or first-degree felony. Or, based on section 782.07, a person can be charged with manslaughter if there is evidence he or she killed another person by an act, procurement, or culpable negligence that had no lawful justification. This is a second-degree felony.
Florida Statutory Punishments
Under Florida law, the statutory punishments for misdemeanors and felonies include:
- First-degree misdemeanor: up to one year imprisonment
- Third-degree felony: up to five years imprisonment
- Second-degree felony: up to 15 years imprisonment
- First-degree felony: up to 30 years imprisonment or defined by an individual statute
- First-degree murder: up to life in prison
Other punishments and collateral consequences include:
- Permanent criminal record
- Loss of voting rights for a period of time
- Loss of the right to own firearms
- Difficulty obtaining a job
- Difficulty renting an apartment
- Ineligibility for numerous professional licenses
- Immigration issues
- Child custody or visitation issues
Contact an Experienced Kissimmee Criminal Defense Lawyer for Help
If you or a loved one has been charged with a violent or gun-related offense like assault, homicide, or carrying a concealed weapon, do not hesitate to seek legal help. At Salazar & Kelly Law Group, P.A. in Kissimmee, we are ready to take on your case. Let us review the circumstances and build you the best defense possible under the law. Call today at 407-483-0500 to schedule a consultation.