“It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law…” – Florida Statute 775.087
Florida makes it relatively easy for most residents to purchase guns, but the state is incredibly strict about who is allowed to keep them. If you are a convicted felon, you have likely lost your right to own or carry a weapon. The state does not take violations lightly. If you or a loved one has been arrested, you need to understand that a charge of Possession of a Firearm by a Convicted Felon is a serious legal matter that requires immediate attention from a skilled Orlando criminal defense lawyer.
A conviction for this offense can take away your freedom for over a decade. Florida prosecutors aggressively pursue these cases, often seeking maximum penalties under the state’s tough sentencing guidelines. You should not face the criminal justice system alone. You need a dedicated criminal defense team that knows how to find weaknesses in the state’s case and fight for the best possible result.
Understanding Possession of a Firearm by a Convicted Felon
Under Florida Statute 790.23, it is unlawful for any person who has been convicted of a felony to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon. This statute is broad and can trap people who did not even realize they were breaking the law.
To prove the crime of Possession of a Firearm by a Convicted Felon, the State Attorney’s Office must prove two main elements:
- You have been convicted of a felony.
- You knowingly owned, possessed, or controlled a firearm or ammunition.
The concept of “possession” is where many cases are won or lost. In Florida law, possession is not limited to holding a gun in your hand. There are two distinct types of possession: Actual and Constructive.
Possession of a Firearm by a Convicted Felon: Actual Possession vs. Constructive Possession
Actual Possession means the firearm was found on your person. This could be in your hand, in your pocket, or in a holster you were wearing. If police find a gun physically on you, they will charge you with actual possession. This is the most dangerous form of the charge because it often triggers harsh mandatory minimum sentences.
Constructive Possession is more complex. This occurs when a gun is found in a place you have access to, like your car glove box, a bedroom closet, or under a seat. For a prosecutor to prove constructive possession, they must show:
- You knew the firearm was there.
- You had the ability to control it (dominion and control).
Possession of a Firearm by a Convicted Felon: Many criminal attorneys successfully defend clients by attacking the constructive possession theory. Just because a gun was in a car you were driving does not automatically mean you “possessed” it legally, especially if there were other passengers or if the car did not belong to you.
Penalties for a Felon with a Firearm in Florida
The consequences of a conviction are severe. In Florida, Possession of a Firearm by a Convicted Felon is a second-degree felony.
If convicted, you face:
- Up to 15 years in prison.
- Up to 15 years of probation.
- Fines of up to $10,000.
Mandatory Minimum Sentences for Possession of a Firearm by a Convicted Felon Lawyer in Florida
Florida’s 10-20-Life law can make these penalties even worse. If you are found in actual possession of a firearm, the court is often required to impose a three-year mandatory minimum prison sentence. This means if you are convicted, the judge has no choice but to send you to prison for at least three years, with no chance of early release for that period.
Sentences can be even harsher depending on your prior record. If you qualify as a Habitual Violent Felony Offender or a Violent Career Criminal, you could face mandatory terms significantly longer than the standard 15 years. The federal gun possession law is equally unforgiving, and in some cases, federal agencies may adopt the case, leading to federal prison time.
How an Orlando Defense Attorney Can Help You
When you are charged with a crime of this magnitude, the quality of your legal representation matters. An experienced firearm possession attorney Orlando relies on effectively analyzing the evidence to build a strategic defense to charges of Possession of a Firearm by a Convicted Felon.
There are several potential defenses to this charge, including:
- Lack of Knowledge: If you did not know the gun was present, you cannot be convicted. This is common in cases involving borrowed cars or shared apartments.
- No Dominion and Control: If the gun was near you but you could not easily access or control it, your lawyer can argue you did not possess it.
- Illegal Search and Seizure: If the police violated your Fourth Amendment rights by searching your home or vehicle without a warrant or probable cause, your attorney can file a motion to suppress the evidence. If the gun is thrown out of court, the case is usually dismissed.
- Restoration of Rights: If your civil rights and firearm authority were restored by clemency, you may legally possess a firearm.
- Antique Firearm Exception: Florida law has a narrow exception for certain “antique firearms” manufactured before 1918, provided they are not used in the commission of a crime.
Your criminal defense lawyer in Orlando will investigate every angle. Did the police have a valid reason to stop your car? Did they get a warrant? Was the gun actually yours? We will force the state to prove every single element of their case.
Why You Need a Lawyer for Firearm Charges
Attempting to handle a weapons charge without a lawyer is a risk you cannot afford to take. The criminal court system is designed to prosecute, not to help you explain your side of the story. Prosecutors are trained to secure convictions. You need a criminal defense team that is trained to stop them.
Hiring a private attorney signals to the prosecution that you are serious about your freedom. We can intervene early, sometimes before formal charges are filed, to negotiate a favorable outcome. Whether it is seeking a bond reduction so you can return to your family while awaiting trial, or taking your case all the way to a jury verdict, we are with you every step of the way.
We have a track record of success in Central Florida helping clients avoid jail time and protect their future. Don’t let a past mistake destroy your future.
Free Consultation – Protect Your Rights Today
Time is critical in weapons cases. Witnesses forget details, and video evidence can be lost. The sooner you hire a Possession of a Firearm by a Convicted Felon lawyer in Florida, the sooner we can start working on your defense.
At Rivas Law Firm, we believe every client deserves an aggressive defense. We know that good people can find themselves in bad situations. We will listen to your story without judgment and give you an honest assessment of your case.
Possession of a Firearm by a Convicted Felon:Frequently Asked Questions
1. Can a convicted felon ever own a gun in Florida?
Generally, no. Unless your civil rights and specifically your authority to own and possess firearms have been restored by the Florida Office of Executive Clemency, you cannot own a modern firearm. There is a limited exception for specific antique firearms, but you should consult an attorney before purchasing one to ensure it qualifies.
2. What if the gun belonged to my spouse or roommate?
You can still be charged with constructive possession if the gun was in a shared area (like a living room or shared closet) and you had access to it. To protect yourself, firearms in a home with a convicted felon should be kept in a locked safe that the felon does not have the combination or key to.
3. Will I go to federal prison for this charge?
It is possible. Possession of a firearm by a convicted felon is also a federal crime. Federal prosecutors often adopt cases involving repeat offenders or those alleged to be involved in other criminal activities. Federal penalties are often more severe than state penalties. An experienced attorney can often negotiate to keep the case in state court.
You should speak with an attorney as soon as possible. Call 407-644-2466 to speak with an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.