Notice: While courts and businesses are closing due to COVID-19, we are still accessible to answer your legal questions. We can still handle most legal issues and communications with clients by phone, email and text.
Fort Lauderdale Felon in Possession of a Firearm Lawyer Put a Skilled and Trial-Proven Attorney in Your Corner

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.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “THE BEST ATTORNEY in town. My family member was arrested and I was referred to Evan. He provided me his personal cell phone and I was always able to text him if I had any questions. As busy as he is, I was always able to get a hold of him.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back. Hiring Evan was the best decision I have ever made and it will be yours also.”

    - Stacy
  • “Clearly a master of the law. I am a true client and not a competitor who writes mean and derogatory reviews just to bash the competition. Mr. Hoffman met me after hours, understood my legal issues and ...”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John

Start Your Defense

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Record Of Success

Aggressive Traffic Ticket Defense
  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to get all the charges dismissed before the case even went to arraignment.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to convince the State Attorney’s Office to drop all charges.