Felon In Possession Of A Firearm | Stout Defense, P.A

Possession of a Firearm by a Convicted Felon in Florida Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence. Do not make any kind of statement to authorities without legal counsel. Contact Attorney Hardy for a free consultation. 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. Further, the penalty for felons possessing or carrying firearms is severe. If a person is convicted of a felony, they can lose their right to possess a firearm. Under Florida Statute 790.

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Felon In Possession Of A Firearm Florida Real

Attorneys E. & Erika Hubbs. There are many defenses available to contest a charge of possession of a firearm by a convicted felon in Florida. The lifetime firearm ban applies to all felony offenses. If a conviction is reached, the judge will be forced to assign sentence of no less than 3 years in prison. Felon in possession of a firearm in Florida is a serious charge with harsh punishments. When someone is charged with felon in possession of a firearm, it is the duty of the prosecutor to... 2013/11/04...

Felon In Possession Of A Firearm

This is the optimal legal outcome, and our Tampa criminal defense attorneys have helped many clients secure a dismissal of their charges. Drug Charge Case Results. Call a Goldman Wetzel felony defense attorney at 727-828-3900 so we can get straight to work on your case and protect your best interests. If you have been previously convicted of a felony and have recently been charged with being a felon in possession of a firearm, you need a strong defense if you are to avoid or minimize the harsh punishment triggered by a conviction of this offense. A skilled attorney can chart out an effective defense for you that could save you from spending years behind bars. Firstly, if the state has only accused you of constructive possession, you can argue that the gun was not yours, you had no idea it was there, and/or you had no access to it. When a convicted felon allegedly possesses a firearm, he or she can be charged with yet another felony offense. "The collaborative efforts of our partners in theWith the help of Marc A. Joseph, P. A., you will have the best defense possible for having your pending criminal charge resolved. "; See 94 C. Weapons § 2d(2): "Felons. After the conviction, the defendant knowingly. Even a juvenile adjudication of delinquency may count as a felony conviction if the particular delinquent act in question would have been considered a felony if it were committed by an adult.

Felon In Possession Of A Firearm Florida Statute

In fact, according to a report provided by the United States Sentencing Commission, 96. A felon who is riding in a truck with other hunters who have firearms with them may be in constructive possession of those firearms, depending on the circumstances. If your constitutional rights have been violated, there may be grounds to have your Florida felon in possession charge dismissed. Hiring an experienced criminal defense attorney will give you the boost you need to fight your charges. Call (954) 765-6585 today to have our lawyers review your case and help you understand all of your legal options during a free initial consultation. 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. Depending on the facts of your case, you may have other defenses such as search and seizure violations. When a person is convicted of a felony in Florida, he or she loses several rights.

Felon In Possession Of A Firearm Florida Travel Information

As with most other criminal allegations, there could be a myriad of defenses available to you if you're charged with this crime. Before a person is said to be in "constructive possession" of a controlled substance, the following two factors must be... new holland ls170 seat belt switch If you are being investigated or have been charged with illegal possession of a firearm anywhere in South Florida call Benjamin at (954) 543-0305 and learn how he can fight for you. 23 provides that possession of a firearm by a convicted felon is a second-degree felony. When the State of Florida convicts defendants of felony crimes, the defendants lose their right to possess firearms, amongst other consequences. Depending on who you ask, the loss of an individual's 2nd Amendment right to bear arms can be one of the most devastating consequences to becoming a convicted felon.

Felon In Possession Of A Firearm Florida State

Register for step 3 Florida takes gun crimes seriously and imposes strict mandatory prison sentences on offenders. Is Florida a felon friendly state? If a person does not have exclusive possession of an object, knowledge of its presence may not be inferred or assumed. This occurs when the firearm, ammunition, or electric weapon or device is in a place over which the alleged offender holds dominion (home, vehicle, storage unit, etc. If you were not in actual possession of the firearm, ammunition or device, and are therefore not facing a mandatory minimum jail sentence of three years, then you may be able to avoid jail time and other consequences by pleading to a lesser charge or other measures in lieu of jail time.

001(1), Florida Statutes, states, "'Antique firearm' means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. A firearm that is on a person (in a holster, for instance). Florida Law strictly prohibits convicted felons from possessing weapons or ammunition. Convicted Felon, 18 U. S. C. § 922(g)(1) See Statute.