Fort Lauderdale Felon in Possession of a Firearm Lawyer
Defense Attorney for Weapons Possession Charges in Florida
The last thing a convicted felon needs is to be charged with another felony. However, there are several ways that felons can find themselves facing felony charges once again if they are not careful. One way that a felon can get in trouble is if they are found in possession of a gun.
Contact us now if you or a loved one has been charged with a firearm or weapon offense. We offer free initial consultations and will travel to you if necessary. Call us at (305) 928-1669 or get in touch with us online. We are available to help 24/7.
How Does the Law Define Gun Possession?
For convicted felons, the threat of a gun possession charge can be constant. In many cases, their lives are filled with friends who carry guns, enemies who carry guns, and the expectation that they carry a gun. However, even if that’s not the case and even if they don’t carry a gun, they could still end up facing charges if they are in the wrong place at the wrong time. This is because of how the law defines firearm possession.
There are basically two types of weapons possession. They are actual possession and constructive possession. Actual possession of a firearm is defined as any of the following:
- When a person is holding a firearm
- When a person is holding a container with a firearm in it
- When a person has a firearm on them in some capacity (such as in their pocket or in a holster)
- When a person is so close to a firearm that they can easily grab it
Constructive possession is when a person can be legally considered to be in possession of a firearm even if they are not holding it or within reach of it. For a constructive possession charge to apply, all three of the following criteria must be met:
- A person is in the same place as a firearm (such as a house or car)
- The person knows the firearm is there
- The person has access to and can control the firearm
For example, if a person gives a ride to a friend, the friend puts a backpack containing a gun in the trunk of the car, and the driver knows there’s a gun in the backpack, then, in most cases, the law would consider the driver as having constructive possession of the gun.
There is also joint possession, which could apply in this example. Joint possession is when two or more people have possession of a firearm.
Penalties for Possessing a Gun as a Convicted Felon in Florida
If a felon is caught in possession of a firearm, they can expect to face harsh penalties, including the following:
- Up to 15 years in prison or up to 15 years of probation
- A fine of up to $10,000
In addition, those convicted of actual possession are subject to a minimum of three years in prison. Also, generally, a felon in possession of a firearm charge is considered a second-degree offense. However, if it is categorized as a first-degree offense, the penalties can include up to 30 years in prison and a $10,000 fine.
I’m a Felon. I’ve Been Charged with Firearm Possession. What Are My Options?
If you or a loved one are facing a felon in possession of a firearm charge, despite the grim outlook, you still have hope and options. The first thing you should do is contact an experienced criminal defense attorney in Miami. A defense lawyer will be able to examine your case, figure out strategies for defending you, and provide you with options that can help you secure the best possible outcome to your situation. Your future is on the line. Don’t leave your fate in the hands of a public defender. Many experienced criminal defense lawyers will discuss your case with you for free.
Schedule a Free Consultation with an Experienced Defense Lawyer Today
Attorney Evan Hoffman of The Hoffman Firm has over 20 years of experience handling complex criminal trials. He spent years as a prosecutor before he became a criminal defense lawyer, beginning his legal career as an Assistant State Prosecutor with the Broward County State Attorney's Office. Attorney Hoffman’s knowledge and understanding of prosecution strategies gives him an advantage as a defense lawyer. He knows what the prosecution is trying to do, and he knows how to defend his clients against the prosecution’s tactics.
Attorney Hoffman is the best ally that anyone facing criminal charges could ask for, because he knows what he is doing and has a proven track record of getting the job done. To learn more about Attorney Evan Hoffman and The Hoffman Firm, visit our client reviews and case results pages.
If you or someone you love is facing a gun possession charge, don’t hesitate to contact us. You have no time to waste.
To speak with our felon in possession of a firearm lawyer about your situation, call us at (305) 928-1669 or fill out our online contact form and we will reach out to you right away. In fact, we will travel to you if necessary. Plus, we offer free initial consultations and are available 24/7 to help.
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