Felon in Possession of a Firearm
Felon in possession of a firearm is a significant charge. Sometimes those who have been convicted of felonies do not realize that simply possessing a firearm, ammunition, or electrical device or weapon could result in further felony charges and even possible prison time. If you are charged as a felon in possession of a firearm, you must take this charge seriously. Even A. Hoffman is an experienced Miami weapons offense attorney and former prosecutor who has substantial trial experience, and who understands how to defend these types of charges.What is Felon in Possession of a Firearm?
Florida Statute section 790.23 provides that it is a crime to own or keep in your possession, custody, care or control a firearm, ammunition, electric weapon or concealed weapon under the following circumstances: (1) you've got a prior felony conviction in the state, (2) a Florida court found that you, as someone under age 24, committed a delinquent act that would have been a felony had an adult perpetrated it, (3) you were convicted or found to have committed a felony against the nation, (4) you were found to have committed a delinquent act in another state, territory, or country that would be a felony where committed by an adult who could be punished with imprisonment for a term of more than a year and that person is under age 24, or (5) you were found guilty of an offense designated as a felony punishable by more than a year of incarceration in another state, territory, or country.Actual or Constructive Possession of a Firearm
"Possession" under this statute can mean either actual or constructive possession. Actual possession can be found if you were holding a firearm in your hand or on your person, whether by itself or in a container, or if it was so close it was within your ready reach and under your control. Constructive possession is a bit different. It can be found when a firearm is located in a place you control or where you've concealed it.Sentences for Felony in Possession of Firearm
If the court finds you actually possessed a firearm as a felon, you will be sentenced to a mandatory minimum of 3 years in prison. The judge may impose a maximum of 15 years in prison, 15 years probation, and $10,000 in fines. If the court finds you constructively possessed a firearm, a judge may impose a maximum of 15 years in prison, 15 years probation, and $10,000 in fines.Defending Against Felon in Possession of a Firearm Charges
Although it can be stressful to go through being charged with a felony again simply for possessing a gun, there are defenses that may apply to your case, and a seasoned defense attorney can help you identify them. Often, it's possible to defend against these charges by showing that you didn't possess the weapon. There may have been violations of your constitutional rights in connection with evidence that would allow you to get the evidence suppressed. There may also be questions about whose weapon it was. For example, if there were multiple people who had access and controlled the place where the weapon was, the prosecutor may not be able to prove your actual or constructive possession beyond a reasonable doubt. There are certain unusual circumstances in which you may be able to argue that your civil rights and authority to possess a firearm had been restored and that therefore you should not be convicted.Consult a Tough Weapons Offense Attorney in Miami
If you were charged as a felony in possession of a firearm or any other weapons offense, you can face steep penalties. The Hoffman Firm closely examines the circumstances of such charges in order to develop strong defense strategies for our clients. Our principal lawyer offers tough, experienced counsel to those accused of firearms crimes in Miami, as well as North Miami, Key Biscayne, Aventura, and Miami Beach. Call The Hoffman Firm at (305) 249-0090 or contact us via our online form to schedule a free, confidential consultation.