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Any type of weapons crime in Florida can have a significant consequence for your future but the stakes are even higher if you are a convicted felon who is possessing a concealed firearm. At Frost Law, we are committed to defending your rights and helping you navigate the legal system to achieve the best outcome for your case.
A felony conviction in Florida carries severe consequences, including lengthy imprisonment and substantial fines. Even after serving their sentence, individuals with felony convictions face additional restrictions, such as the loss of their right to possess a firearm. This guide explores the charges and penalties associated with being a felon in possession of a firearm in Florida, offering insights into the legal definition of the charge, penalties, defense strategies, and frequently asked questions.
After you’ve already completed the terms of your initial conviction requirements, you want to talk with a lawyer who cares about fighting off the charges for possessing a weapon as a convicted felon.
Frost Law defends individuals facing charges for felon in possession of a firearm in Florida. Our experienced criminal defense attorneys handle a range of cases related to this charge, including those involving:
Under Florida Statute § 790.23, individuals with felony convictions are prohibited from possessing or controlling firearms, ammunition, or electric weapons. This statute also extends the prohibition to carrying concealed weapons, including chemical devices like tear gas guns. A convicted felon in Florida is someone found guilty of a criminal offense punishable by more than one year of imprisonment, including those convicted in other jurisdictions.
Examples of prohibited items for felons include bullets, gunpowder, metallic knuckles, knives, dirks, and batons. It is crucial to distinguish between actual and constructive possession:
To illustrate, the case of Watson v. State highlighted the importance of proving constructive possession. In this case, the defendant was in a rental car where law enforcement found firearms and ammunition. The defendant’s conviction was overturned as the prosecution failed to establish his knowledge and control over the items.
Details like the exact location of the gun or weapon, the type of the weapon and your access to a gun/weapon over the course of the commission of a crime will all be considered in the evaluation that ultimately leads to criminal charges. Defining firearm in and of itself is a concern because in many cases, an alleged weapon is never found from the scene.
This means that even if the defendant used/fired a BB gun or similar weapon to commit robbery, he or she can still be found guilty of robbery with possession of a firearm even if the sole evidence or testimony is the victim outlining something that appeared to be a gun.
In the event that the government is not able to prove that a gun was used during the commission of the crime, they can still move forward with robbery allegations under the category of robbery with a deadly weapon. If it’s ultimately shown, however, that a gun in question is a pellet gun, the state may have the responsibility to prove that the weapon was deadly.
This issue is often a source of conflict in the courts because whether or not a weapon could be deadly is up to a jury to determine. In some cases, kitchen knives have been considered dangerous weapons for the purposes of a concealed weapons charge, but since a jury ultimately has discretion to arrive at this determination, you need an experienced Orlando criminal defense attorney to assist you.
This is just as serious as any other firearm charge if you are a convicted felon. In some cases, the state may attempt to charge someone with multiple and separate charges for the ammunition and the firearm to increase their chances of being able to convict a person on one or both. In the event that a convicted felon is found with multiple guns, multiple counts of possession of a firearm as a convicted felon may apply. This is usually because the state pursues this as one count for firearm.
Extra charges may be dismissed for technical concerns such as multiplicity but you need an experienced Orlando criminal defense attorney to assist you with this.
No matter how you find yourself in this situation, your ability to successfully navigate the criminal justice system as a convicted felon is critically important for your future. In recent years, weapons charges have been taken even more seriously throughout Florida because of concerns related to mass shootings.
As a result of this, the police and other authorities will often respond aggressively when there’s an allegation that a convicted felon has a weapon in his or her possession. It can be a shock to experience this for yourself, but when you hire a talented Orlando criminal defense lawyer to help you with your defense strategy, you can remain focused on the primary goal of fighting off these charges and avoiding time in jail.
No one wants to be accused of having a weapon after a felony conviction has already impacted your life, but if this applies to you, being able to find someone you can trust immediately is a huge component of being able to protect your interests and your rights.
Possession of a firearm by a convicted felon in Florida is classified as a second-degree felony. The penalties include up to 15 years of imprisonment and fines of up to $10,000. If the felon was found in actual possession, a three-year minimum mandatory sentence applies.
In cases where the offense was committed to benefit or promote a criminal gang, the charge is elevated to a first-degree felony. The potential punishment for a first-degree felony includes life imprisonment and a $10,000 fine.
When the ammunition or firearm is physically found on your person, this may lead to an actual possession charge. It is often very difficult to refute actual possession. If you are a convicted felon found in actual possession of ammunition or a firearm, the mandatory minimum sentence may apply.
Constructive possession occurs when the ammunition or firearm is not physically found on your person but is close enough to you that it could be reasonably assumed that you knew it was present and you had the opportunity to exercise control over it.
There are no mandatory minimum prison sentences with constructive possession but you could still be facing prison time. There are some factual defenses associated with a possession of a firearm by a convicted felon charge and furthermore, you may be able to pursue a defense based on previously having your civil rights restored or the state’s inability to prove possession.
Going back to jail after you’ve already been convicted and served the time for a separate crime can be overwhelming for someone who is ready to move on with their future.
Being inappropriately accused of this crime can be damaging to your reputation as well, particularly if you have already served your prior punishment and have attempted to put this criminal record behind you.
The state may attempt to use your past criminal background against you in a case like this by arguing that you were more likely to be the one with a weapon or attempting to commit another crime with a weapon because you have a previous criminal record.
While this is defined as the possession of ammunition, firearm or an electric weapon or device used by a person who has previously been convicted of a felony, you need an attorney who is well versed in the various ways that the law can protect you.
Bear in mind that the prosecution will do everything in their power to try to convict you if you have been accused of a crime like this and you need to be prepared to respond appropriately by retaining an Orlando criminal defense attorney who has a track record of success in this field. Being able to navigate the criminal justice system with the help of a knowledgeable attorney can have a significant impact on keeping you from being behind bars.
Constructing a robust defense is crucial for individuals facing charges of felon in possession of a firearm in Central Florida. Some effective defense strategies include:
Navigating charges for a felon in possession of a firearm requires legal expertise. An experienced criminal defense attorney can assist by:
Facing charges for a felon in possession of a firearm in Florida demands a strategic and informed approach. Frost Law, with expertise in defending such cases, offers comprehensive resources and legal guidance. If you or someone you know is facing such charges, seek professional legal advice promptly to protect your rights and build a strong defense.
In any case, finding an attorney who is knowledgeable about these aspects of criminal defense and who will do everything in his or her power to construct a powerful criminal defense strategy can have a significant impact on your ability to put this issue behind you and move forward into the future without mandatory minimum prison sentences or other penalties.
If you wish to have your civil rights restored, it’s important to realize this is not available in every case. Sitting down with your Orlando defense lawyer can help you figure out if you’re in a position to receive an expungement. Taking action sooner rather than later for an expungement may help to limit your criminal record’s impact on your future.
Get the help you need from a former prosecutor and experienced Orlando criminal defense lawyer. Call Frost Law today at (407) 670-5569 for a FREE consultation and review of your case.
Burglary involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime. This intent to commit a crime inside the location is a key element that sets burglary apart from other property crimes.
Yes, you can be charged with burglary even if you didn’t steal anything. The crucial factor is the intent to commit a crime upon entering the location. Whether or not you successfully carried out the crime is a separate issue.
A first-degree felony burglary conviction can result in life imprisonment, especially if certain aggravating factors are present, such as assault, use of explosives, or causing significant property damage.
Self-defense may be used as a defense, but it depends on the circumstances. It’s essential to consult with a knowledgeable attorney to assess the viability of a self-defense claim in your specific case.
If you’re charged with burglary, the first step is to consult with an experienced criminal defense attorney. They can guide you through the legal process, evaluate your case, and help you build a strong defense.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
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