Fort Lauderdale Felon in Possession of a Firearm Attorney

Lawyer Helping Convicted Felons Defend Against Firearm Possession Charges in Fort Lauderdale, FL

In Florida, a person with a felony conviction is strictly prohibited from owning or possessing a firearm. Violating this restriction is a serious criminal offense that can lead to harsh penalties, including prison time. Whether a firearm was allegedly found in a home, vehicle, or another location, being accused of possessing a weapon as a convicted felon can have serious consequences.

At The Hoffman Firm, our attorney represents clients in Fort Lauderdale who have been charged with unlawful firearm possession after a felony conviction. We can provide a strong defense while fighting to protect the rights of our clients. In addition to criminal defense, The Hoffman Firm also assists eligible clients in seeking to restore their gun rights.

Florida Law on Firearm Possession by Felons

Florida Statutes Section 790.23 makes it a felony offense for any person who has been convicted of a felony in Florida, another state, or under federal law to own firearms or have guns in their possession or control. The law applies regardless of how the felony conviction was classified or whether the sentence has been completed. In addition to restrictions on people with felony convictions, juvenile offenders who were adjudicated delinquent for an offense that would be a felony if it was prosecuted in adult court are prohibited from possessing firearms until they reach the age of 24.

Possession of a firearm may be actual or constructive. Actual possession means a firearm was found on the person. Constructive possession refers to situations where a firearm was found in a place the accused had control over, such as their vehicle or home. Even if the person did not own the gun or was unaware of its presence, prosecutors may still pursue charges under the theory of constructive possession.

Penalties for Possession of a Firearm by a Convicted Felon

Unlawful possession of a firearm by a convicted felon is a second-degree felony in Florida. The potential penalties include up to 15 years in prison. In cases where a person is classified as a habitual felony offender or a violent career criminal, enhanced penalties may apply.

Federal charges may also apply in certain circumstances, including cases where a firearm was allegedly transported across state lines or connected to federal offenses such as drug trafficking. Because of the seriousness of these charges, a strong defense is essential from the earliest stages of a case.

Defense Strategies in Felon in Possession of a Firearm Cases

At The Hoffman Firm, our lawyer can take steps to develop defense strategies based on the facts of a case, the client's background, and the strength of the prosecution's evidence. He begins every case with a thorough investigation into how the firearm was discovered, who had access to it, and whether law enforcement followed proper procedures. Possible defense strategies may include:

• Lack of Knowledge or Intent: If a person did not know about a firearm that was in a borrowed vehicle or a residence they shared with others, this may be a defense. Prosecutors must prove the person knew about the gun and had control over it, and our attorney can help demonstrate that there was no knowledge of a firearm.
• No Actual or Constructive Possession: Allegations of firearm possession must be proven beyond a reasonable doubt. If the firearm was not directly on a person, and there is no evidence that they had control over the gun in the location where it was found, possession may be disputed.
• Illegal Search or Seizure: If law enforcement officers discovered a firearm during an unlawful traffic stop, warrantless search, or improper arrest, our lawyer will take steps to suppress the evidence and argue for a dismissal of the case.
• Firearm Belongs to Another Person: In cases involving shared homes or vehicles, it may be possible to show that someone else was the actual owner and that a person had no connection to the weapon.
• Restoration of Civil Rights: If a person who had previously been convicted of a felony had their firearm rights restored, our attorney can take steps to demonstrate that their possession of a gun did not violate the law.

When appropriate, our lawyer may negotiate for reduced charges or alternative sentencing that will help a person avoid a prison sentence or other penalties related to firearm ownership by a felon.

Restoring Gun Rights

For people with felony convictions who wish to legally regain the right to possess firearms, restoration of firearm rights may be possible through clemency. This process can be complex and time-consuming, but it can help ensure that a person will be able to avoid firearm possession charges in the future.

Our attorney can help determine whether a person is eligible for the restoration of firearm rights. He can assist with the preparation and submission of applications for clemency, including collecting supporting documentation and evidence of rehabilitation. He can also provide representation during clemency hearings.

Contact Our Fort Lauderdale, Florida Felon Firearm Possession Defense Lawyer

A person who is accused of possessing a firearm after being convicted of a felony may face serious consequences. A strong defense can make all the difference in these cases. At The Hoffman Firm, our lawyer can challenge charges related to firearm possession while taking steps to protect clients' rights. Contact our Fort Lauderdale felon gun possession attorney at 954-524-4474 to arrange a free consultation.