Miami, Florida Felon in Possession of a Firearm Attorney

Dedicated Lawyer Defending Clients Against Weapons Possession Charges in Miami, FL

While Florida law allows many people to own and possess firearms, it has strict restrictions against firearm possession by people with felony convictions. It is a criminal offense for a convicted felon to possess firearms or ammunition. A conviction for this offense carries severe penalties, including lengthy prison sentences and significant fines. The law applies not only to adults with felony convictions but also to people who have committed certain delinquent acts as minors. Additionally, enhanced penalties exist for certain offenders, including those who have been convicted of multiple violent felony offenses.

The Hoffman Firm provides legal representation for people who have been charged with firearm-related offenses in Miami and other parts of Florida. Our attorney will carefully examine the circumstances of a case to determine the best possible defenses. Our goal is to protect our clients' rights and help them achieve the best possible outcomes to these cases. We may be able to advocate for case dismissal, reduced charges, or alternative sentencing.

Florida's Law on Felons in Possession of Firearms

A person is not allowed to possess a firearm if they have been convicted of a felony in Florida, another state, or at the federal level. This restriction also applies to a person who was found to have committed a delinquent act as a minor, as long as the person is under the age of 24 when they allegedly possessed a firearm. The law prohibits convicted felons from possessing firearms and electric weapons such as stun guns or tasers, and they will also be prohibited from carrying concealed weapons.

A person may face felon in possession of firearm charges based on either actual or constructive possession. In cases involving actual possession, a person allegedly carried a firearm on their person. In cases involving constructive possession, the firearm may have been in a location where the person had control or access, such as a vehicle, home, or another shared space.

Penalties for Felons Who Possess Firearms

Possession of a firearm by a felon is usually classified as a second-degree felony in Florida. If convicted, a person could face a prison sentence of as much as 15 years, as well as potential fines totaling as much as $10,000.

Harsher penalties may apply for people who are classified as habitual offenders or repeat offenders. These sentence enhancements include:

• Prison Releasee Reoffender: If a person is charged with possession of a firearm within three years after being released from prison, they may face a mandatory 15-year prison sentence without the possibility of early release.
• Habitual Felony Offender: If a person has been convicted of two or more felonies, and they are charged with possession of a firearm within five years after completing a previous sentence, they may be sentenced to up to 30 years in prison instead of the standard 15-year maximum sentence. Additional penalty enhancements may apply if a person has previously been convicted of one or more violent felonies.
• Violent Career Criminal: If a person has three or more previous felony convictions for violent crimes, the mandatory minimum sentence for possessing a firearm is 30 years, and the maximum sentence is 40 years.

Defenses to Felon in Possession of a Firearm Charges

Our Miami weapons charges defense attorney can evaluate the circumstances of a firearm possession charge and determine the best legal strategy to fight the allegations. Some common defenses include:

Lack of Knowledge

The prosecution must prove that the accused knew about the firearm. If a felon was unaware of the weapon's presence—for example, if someone else left a gun in their car or home without their knowledge—this may be a valid defense.

Constructive Possession Challenges

In cases where a firearm was found in a shared space, such as a car or residence, the prosecution must prove that the accused had control over the weapon. If multiple people had access to the area, our lawyer may argue that the accused did not actually possess the firearm.

Illegal Search and Seizure

The Fourth Amendment protects against unlawful searches and seizures. If law enforcement officers did not have a valid warrant or lacked probable cause to search the accused's home, car, or personal belongings, any evidence obtained may be suppressed, leading to possible case dismissal.

Justifiable Possession

In rare circumstances, a convicted felon may argue that they temporarily possessed a firearm out of necessity, such as in an emergency situation where they disarmed an attacker.

Restoration of Firearm Rights

If a person had their civil rights and firearm possession rights restored through clemency or a pardon, they may lawfully possess a firearm. Our attorney can investigate whether the accused had their rights reinstated before the alleged offense occurred.

Contact Our Miami Felon Firearm Possession Defense Lawyer

At The Hoffman Firm, we know how hard it can be to move forward after a felony conviction, and we understand how a charge related to possessing a firearm can derail your life. Our attorney can help defend against accusations of unlawful weapons possession, working to minimize the penalties that may affect you. Call 305-249-0090 today or contact us online to set up your free consultation.