Possession of a Firearm by a Convicted Felon Lawyers in Orlando, FL

Attorney Defense for Possession of a Firearm by a Convicted Felon in Orlando, Florida

In Florida, laws are set up to deter individuals, especially those with prior felony convictions, from possessing firearms. These laws are designed with public safety in mind, with penalties scaled to the seriousness of the offense and any contributing circumstances.

Basic Overview

1. Regular Possession:

• The baseline charge for this offense is considered a second-degree felony.
• If convicted, a person can face significant penalties, including up to 15 years in prison or probation and a fine of up to $10,000.

2. Gang-Related Enhancement:

• If the act is tied to gang-related activities, the gravity of the crime intensifies.
• In such cases, the charge is elevated to a first-degree felony, bringing harsher consequences.
• A person convicted under this enhancement could face a sentence of up to life in prison, with the fine remaining at $10,000.

Breaking It Down

• Severity Level: The severity level is a metric used in Florida’s criminal justice system to classify offenses. A higher severity level means the crime is considered more serious and the penalties more severe.
• 10-20-Life Law: Florida has a specific law known as the “10-20-Life law.” Under this legislation, there are mandatory minimum sentences for specific firearm-related offenses. In the context of firearm possession by a convicted felon, if the person is found in actual possession of the weapon, they face a mandatory minimum of 3 years in prison.
• Gang-Related Enhancement: Criminal acts linked to gang activity are a particular concern for law enforcement. To address this, Florida has provisions that can elevate the charges and penalties for certain offenses if they are tied to gangs. The very fact that the firearm possession is related to gang activity makes the crime more severe, hence the jump from a second-degree felony to a first-degree felony.

At A Glance: Charges and Penalties

1. Regular Possession:
   • Penalty Type: Second-degree felony
   • Severity Level: 5
   • Maximum Sentence: Up to 15 years of prison or probation and a $10,000 fine
   • Minimum Sentence: 3 years in prison if in actual possession (due to the 10-20-Life law)
2. Gang-Related Enhancement:
   • Penalty Type: First-degree felony
   • Severity Level: 7
   • Maximum Sentence: Life in prison and a $10,000 fine
   • Minimum Sentence: 21 months in prison

If a convicted felon has gone through the necessary legal procedures to restore their right to own firearms, then this becomes an essential aspect of their defense. In such a scenario, the mere possession of a firearm wouldn’t be a breach of the law, provided that the restoration of rights was lawfully granted.

Expungement of Criminal Records

Minors, in particular, have avenues for a fresh start. Through the process of record sealing or expungement, their criminal history can be, for most intents and purposes, erased. This legal clean slate offers them an opportunity to reintegrate fully into society.

Once a record is expunged, many rights are reinstated, including the right to possess firearms. The complexities and nuances of sealing or expunging criminal records can be delved into further on dedicated pages addressing the topic.

Distinguishing Possession Types

Florida’s legal system is intricate, with clear distinctions made between different types of possessions when it comes to firearms.

• Actual Possession: This is straightforward and indicates that the accused had the firearm on their person. For instance, if a gun was retrieved from their backpack or pocket, it denotes actual possession.
• Constructive Possession: This is more nuanced. It implies that the accused had control over the firearm’s location, even if it wasn’t directly on them. If a firearm was found in an accused person’s locked drawer or car, it may be deemed as constructive possession.

Understanding this distinction is vital. Arguing that an accused had mere constructive possession could potentially shield them from the more severe repercussions associated with actual possession.

Motion to Suppress Evidence

Respect for individual rights is paramount. If there’s an indication that evidence was collected in violation of these rights, a motion can be filed to suppress it. For instance, a firearm retrieved during an illegal search, without proper warrants or just cause, can be contested in court. If the motion succeeds, the evidence could become inadmissible, substantially weakening the prosecution.

Alibi as a Defense

Sometimes, the best defense is an alibi. If an accused can conclusively prove that they were elsewhere when the alleged possession took place, the charges could be dropped. Effective alibi evidence can range from surveillance footage and time-stamped electronic data to unimpeachable witness testimonies.

Challenging Witness Credibility

Witnesses are human, and humans can err or be biased. If a key component of the prosecution’s case rests on a witness’s statement, any inconsistency or potential bias in their testimony can be leveraged to challenge the case’s foundation. Proving that a witness is unreliable could introduce reasonable doubt, a cornerstone for any defense.

FAQs on Possession of a Firearm by a Convicted Felon in Florida

Q: Are there any situations where a convicted felon can be around firearms, even if they don’t possess them?

A: Yes, such that when a convicted felon who does not physically possess the firearm but is in an environment where firearms are accessible might lead to “constructive possession” charges.

Q: Can I travel to another state with a firearm if my firearm rights are restored in Florida?

A: Firearm laws vary by state. If your rights are restored in Florida, you still need to be aware of and comply with the laws of any state you travel to.

Q: What constitutes an “unconstitutional traffic stop” mentioned in the defenses?

A: An unconstitutional traffic stop occurs when law enforcement stops a vehicle without a valid reason, such as a traffic violation or suspicion of criminal activity. Any evidence obtained from such a stop could be considered inadmissible in court.

Q: How does Florida’s 10-20-Life law work?

A: Florida’s 10-20-Life law imposes mandatory minimum sentences for certain firearm-related offenses. For example, committing a crime with a gun can lead to a 10-year minimum sentence, firing a gun during the commission of a felony leads to a 20-year minimum, and shooting someone (even accidentally) during a felony can lead to 25 years to life.

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