Call us now:
Possessing a Firearm or Ammunition as a Convicted Felon in Florida
Florida is widely regarded as a second amendment loving, gun friendly state. However, if you have the unfortunate status of having a prior felony anywhere on your record Florida is anything but gun friendly. Prosecutor’s and police all over Florida routinely fill prisons with people who have been charged with this offense, and if you have been accused of this crime you need the best possible defense now.
The charge isn’t limited to firearms, either; it also applies to ammunition, electric weapons or devices, tear gas, and other chemical weapons. Here’s what you can expect if you’re charged with Possession of a Firearm By a Convicted Felon.
Being charged with possession of a firearm as a convicted felon is, in the eyes of Florida courts, an extremely serious crime.
Florida Statute section 790.23 provides that it is a crime to own or keep in your possession, custody, care or control a firearm, ammunition, electric weapon or concealed weapon under certain circumstances.
These include:
Actual or Constructive Possession of a Firearm
“Possession” under this statute can mean either actual or constructive possession. Actual possession can be found if you were holding a firearm in your hand or on your person, whether by itself or in a container, or if it was so close it was within your ready reach and under your control. Constructive possession is when a firearm is located in a place you control or where you’ve concealed it generally.
Sentences for Felony in Possession of Firearm
If the court finds you actually possessed a firearm as a felon meaning it was on your person, you will be sentenced to a mandatory minimum of 3 years in prison which also means you aren’t eligible for statutory gain time The judge may impose a maximum of 15 years in prison, 15 years probation, and $10,000 in fines. If the court finds you constructively possessed a firearm, a judge may impose a maximum of 15 years in prison, 15 years probation, and $10,000 in fines.
These possible sentences are the same (except with no minimum mandatory sentence) for possession of ammunition, so yes, you could have a bullet in your pocket with no gun for a mile around and still get up to 15 years in prison.
Defending Against Felon in Possession of a Firearm Charges
It may be possible to defend against these charges by showing that you didn’t possess the weapon.
There may have been violations of your constitutional rights in connection with evidence that would allow you to get the evidence suppressed.
There may also be questions about whose weapon it was.
For example, if there were multiple people who had access and controlled the place where the weapon was, the prosecutor may not be able to prove your actual or constructive possession beyond a reasonable doubt.
There are certain unusual circumstances in which you may be able to argue that your civil rights and authority to possess a firearm had been restored and that therefore you should not be convicted.
The weapon you possessed may be considered an antique or replica dating back a certain period of time rendering it ineligible to mee the definition of firearm.
The witnesses against you may be biased or have a motive to lie about possession or may be implicated themselves.
You may have an alibi, possibly proven through video surveillance or witness testimony.
Any of these circumstances may apply to you, but without hiring an experienced Possession of Firearm by a Convicted Felon Defense attorney like Matt Landsman you may not be able to present your case to get the justice you need. The penalties can be severe, and the prosecution will treat these cases very harshly in all parts of the state. Contact Certified Trial Expert Matt Landsman today for your free consultation.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.