Defending Possession of a Firearm by a Convicted Felon

 Posted on April 14, 2025 in Gun & Weapons Crimes

A felon in possession of a firearm charge can have severe, life-changing consequences. Understanding your rights is the first line of defense, and a Broward County, FL felon in possession of a firearm attorney will walk you through the legal process and the possible defenses as they apply to your case. You do not have to face these charges alone.

What Are Common Defenses for Possession of a Firearm by a Convicted Felon?

Pretrial defenses challenge how the evidence used to charge you was collected and whether or not it is sufficient for a conviction. Trial defenses can either challenge the sufficiency of the evidence or raise an affirmative defense. Examples of these defenses include:

• Illegal search and seizure: You may be able to argue that the law enforcement officer who found the firearm did so through an unlawful search, violating your Fourth Amendment rights.

• Speedy trial violation: This defense can apply when a criminal trial is unreasonably delayed, violating your Sixth Amendment right to a speedy trial.

• Questioning firearm ownership: You can create reasonable doubt by demonstrating challenges in proving that the firearm belonged to you.

• Proving entrapment: You may be able to argue that officers tricked you into committing a crime you would not have committed otherwise.

• Lack of knowledge: If you did not knowingly possess the firearm, an attorney can help you demonstrate this in court, creating reasonable doubt about your alleged guilt.

• Challenging the arrest: If the arresting officers did not follow procedure and violated your rights, you can argue that the arrest was unlawful.

Intent is important in felon possession of a firearm charges. If you can prove the absence of intent, you will have a stronger case.

Penalties if Convicted of Felon Possession of a Firearm

In Florida, the penalties for a felon firearm possession conviction are harsh. Depending on the circumstances, you could face as much as 15 years in prison and steep fines as high as $10,000. The conviction also goes on your permanent criminal record and will cause you to lose some of your civil rights.

Keep in mind that having a felony conviction does not always mean that you can never possess a firearm again. In Florida, your right to bear arms can be fully restored. You would have to apply for clemency, receive a state pardon, and meet all the legal stipulations. If you have questions about your ability to own a gun, speak with an experienced legal representative.

Contact a Fort Lauderdale, FL Felon in Possession of a Firearm Attorney Today

At The Hoffman Firm, we understand the legal nuance involved in defending a felon possession of a firearm conviction. These cases can be complex, and when the stakes are so high, you need someone you can trust to navigate the legal process with the sole purpose of protecting your rights. Call 954-524-4474 to contact a Broward County, FL firearm possession lawyer and schedule your free consultation today. If necessary, we will travel to you.