“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 residents to get hold of guns, but not everyone is allowed to have one. Felons and “delinquents” are amongst those who are definitely not allowed to possess weapons, especially firearms, and the law comes down hard on those who break that law. If you’re a felon facing weapons charges in Florida, you’ll want the best criminal defense attorney you can get. A charge of Possession of a Firearm by a Convicted Felon in Florida is a second-degree felony that can mean up to 15 years in prison. The federal gun possession law is equally unforgiving.
You should speak with an attorney as soon as possible. Call 407-644-2466 for a free consultation with an aggressive and experienced Orlando firearms charges attorney at the Rivas Law Firm. It’s important to call as soon as possible to give your defense team the best chance at getting the best possible outcome in your case.
Felon Possessing a Firearm Charges
The severity of the charge and sentence you face if convicted depends on your prior offenses(s) and the type of possession charge you face. There are two kinds of “possession” in the law, Actual and Constructive.
Actual Possession means that the weapon or firearm was on your person or within reach. A conviction, under Florida’s10-20-Life law, carries a mandatory minimum three-year prison sentence. The maximum penalty is up to 15 years in prison, probation, and a fine up to $10,000.
Constructive Possession means that you have knowingly had access to a gun, be it in your home or car or hidden somewhere where you could get to it. There is no mandatory minimum for Constructive possession, but the maximum is also up to 15 years in prison, probation, and a fine up to $10,000.
Sentences can be even harsher depending on a defendant’s record, the type of weapon, and the circumstances of the case.
Defense for Charge of Felon Possessing a Firearm
When facing this type of charge, it is important to hire an experienced criminal defense attorney who understands the nuances of the law and can help you to build a strong defense.
An experienced criminal defense attorney can work on your behalf to protect your rights, build a strong defense, and minimize the potential consequences of your charge. Your attorney will review the evidence and facts of the case and determine the best legal strategy for you. They will negotiate with prosecutors for the most favorable disposition of the charge, such as a reduced charge or a more lenient sentence. In some cases, a dismissal may be possible.
An experienced and aggressive criminal defense attorney will thoroughly investigate the circumstances of your arrest, looking for errors in process and evidence handling, fighting every aspect of your prosecution, and negotiating along the way toward the best possible outcome. For a free consultation with a skilled and experienced criminal defense lawyer at the Rivas Law Firm, call 407-644-2466. We’re committed to giving you the best defense possible.