Possession Of A Firearm By Convicted Felon

It's unlawful for a convicted felon to carry any type of firearm under both Florida and federal law. Not only did Attorney Goldman assure me they could take care of this his office was wonderful. Your initial consultation is free and is the first step in defending yourself against these allegations. Further, scholarships are often off-limits to those with conviction histories. If you have been charged with possession of firearm, get legal representation ASAP. A person convicted of possession of a firearm by a convicted felon shall be sentenced to no less than one year and no more than ten years. Improper exhibition of a weapon - a misdemeanor offense of the first degree, the penalties include a maximum of one (1) year in jail, along with fines of up to $1, 000. 7] Cases v. 1431 (1943). A convicted felon may be found guilty of "constructive possession" of a firearm if they knew that a firearm was in a home or residence and they could maintain control of the gun.

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Possession Of A Firearm Florida Statute

Were you arrested in South Florida for allegedly being a convicted felon in possession of a firearm, ammunition, or electric weapon or device? Our office is in downtown Tampa, close to the Hillsborough County courthouse. Under federal law, the maximum sentence for a felon in possession of a firearm is 10 years, but may be increased to a 15-year mandatory minimum sentence if the felon has three or more convictions for certain drug trafficking crimes and/or violent offenses. He will use this knowledge to present you in a favorable light and help you avoid the severe penalties that are associated with your charges. Do felonies go away after 7 years in Florida? In 2012 alone, the Florida Department of Law Enforcement reported over 3, 000 arrests that involved felons in possession of a firearm. Constructive possession exists when a person knowingly has the power and intention at a given time of exercising control over the object or area where the object is located. Actual possession: You are in actual possession of a gun if it was in your hand, on your person, in a container you were holding, or within your reach. If you're carrying a concealed weapon, you could also be charged with that offense. What Constitutes Sufficient Evidence of Possession?

For actual possession of a firearm, the second-degree felony comes with a three-year minimum mandatory prison sentence. Violation of this law will mean serious penalties including fines and even incarceration. Lawyer for Felon in Possession of a Firearm Arrests in Fort Lauderdale, FL. If you or someone you know has been charged for possession of a firearm by a felon under either the federal or state jurisdiction, then it's in your best interest to contact legal counsel. At face value, being charged with possession of a firearm as a felon can seem like a challenging charge to disprove. He has represented clients in Federal Trial and Appellate Courts in Florida, Texas, and Georgia. When a convicted felon allegedly possesses a firearm, he or she can be charged with yet another felony offense. 2-32, kidnapping in violation of § 18.

Even if you have not been arrested or charged but are under investigation, it is vital that you take action immediately to protect your legal rights, freedom, and future. However, under the Armed Career Criminal Act, if a Defendant violates the possession of a firearm by a convicted felon law and has three previous convictions for a violent felony or a serious drug offense, or both, committed on occasions different from one another, the defendant faces a 15-year minimum mandatory prison sentence. Convictions for joint possession do not carry mandatory minimum prison sentences. Many felon in possession cases hinge on whether the defendant "possessed" the firearm in question. This statute also establishes that a convicted felon is prohibited from carrying a concealed weapon, including chemical weapons or devices such as tear gas guns. Bill Roelke is a devoted criminal defense attorney who will use his background as a research scientist to go through the facts in your case and look for errors made by the prosecution that could potentially lead to your charges being dropped. Ivette and I have been co-counsels on several matters over the years. Per the guidelines of this statute, the prosecution must prove beyond a reasonable doubt that the accused has been convicted of a felony and, after the conviction, knowingly owned, possessed, or had in their care the alleged firearm, ammunition, or electric weapon or device. Ammunition is defined as gunpowder, projectiles, bullets, shots, or a fixed metallic or nonmetallic hull containing a primer.

Possession Of A Firearm Florida

If the State can prove that your offense is gang beneficial under Florida Statute 874. 23, a convicted felon may be charged with Possession of a Firearm by a Convicted Felon if the felon: - has a prior felony conviction, and. The trial judge denied defendant's motion to quash the information, the jury returned a verdict of guilty and defendant was sentenced to a term of six months to ten years. The first attorney I hired could not even get a response from the State Attorney handling the case. The prison sentencing range is as follows: Class A: Life without parole or death. It does not matter if your felony conviction had anything to do with guns or violence because any type of felony conviction may disqualify you from owning, using, or otherwise dealing with most firearms. If your constitutional rights have been violated, there may be grounds to have your Florida felon in possession charge dismissed. Denied Cases Velazquez v. United States, 319 U. However, law enforcement may often decide to pursue another... 10.

The ordinance involved prohibited the possession of pistols by all convicted felons, whether or not civil rights had been restored. Call (850) 764-5291 and set up your first consultation free of charge. As such, facing a subsequent criminal charge in Florida can be devastating for you and your loved ones. EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE. 854 Coe & Coe, Pensacola, for appellant. If you are a felon who has been charged with possession of a firearm, gun, or ammunition, it is imperative to consult with a skilled criminal defense attorney in a timely manner. However, the state does abide by national laws, including the FCRA. These rights include voting, access to public education, and the right to bear arms. Substantial Assistance. 15 years of supervised probation. If you or a loved one is charged with possession of a firearm by a convicted felon, contact us at 813-401-0130 for a free consultation. Fort Lauderdale criminal defense lawyers Lawrence Meltzer and Steven Bell represent individuals all over the greater Broward County area, including Tamarac, Weston, Wilton Manors, Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, and several other nearby communities. Class A felonies are the most serious and include murder, while Class I felonies, such as larceny of a dog, credit card fraud, and domestic violence, are the least serious.

Felon In Possession Of A Firearm Florida Travel

At this point, your attorney will contact the prosecution to obtain any evidence they intend to use at trial, such as witness statements and arrest reports. As is clear from the above information, weapons charges should be taken very seriously. Na na na surprise In Florida, convicted felons who are found guilty of firearm possession can be sentenced to 15 years in prison or probation. Miami criminal defense attorney E. J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. Sometimes law enforcement requires people to submit to a vehicle, home, or body search illegally through coercion, which can lead to arrests without probable cause. One important note is that those found to be in actual possession of firearms as a convicted felon are subject to a minimum sentence of three years. If so, then it's in your best interest to contact a weapons crimes attorney such as John Terrezza from Terrezza Law. Significant penalties may be imposed on convicted felons found in possession of a weapon, including prison time.

Two felons can live together without any legal consequences. If the individual was previously charged with gang related crimes or has the gun for gang related purposes, the second-degree felony is enhanced to a first-degree felony which is punishable up to 30 years in prison and a $10, 000 fine. She has been extremely helpful with my cases, resourceful & reliable. Call 727-828-3900 to book a free consultation with a Tampa Bay criminal defense attorney from Goldman Wetzel. Constructive possession of a firearm by a convicted felon florida. When a person is convicted of a felony, especially one involving a firearm, preventing them from owning one could prevent repeat offenses. See Bostic v. State.

Can a felon live with someone who owns a gun in Florida? Restoration of Civil Rights (RCR) | Clemency | Florida Commission on Offender Review — Convicted felons who have had eight or more years elapse since their sentences or probation ended and all court ordered restitution and costs paid can apply for Executive Clemency to have their firearm rights restored. We have successfully represented thousands of individuals over our firm's history, and we are prepared to work relentlessly toward the best possible outcome. For example, someone who has been convicted of a felony crime may not know that under Florida law, he or she cannot possess a pistol, rifle, or other weapon. Weapons can be knives, billie clubs, brass knuckles, etc. In actual possession cases, we can even try to get the state to budge on the minimum sentence. 2-47, robbery by the threat or presentation of firearms in violation of § 18. Joint Possession — A firearm, ammunition, or electric weapon or device was under the control of two or more people, each of whom are considered to be in possession.