One of the unfortunate consequences of being convicted of a felony is that the defendant loses their legal right to possess a gun. If you have been accused of a Possession of a Firearm, Ammunition or Weapon by a Convicted Felon, call us: There are two types of possession: (1) actual possession and (2) constructive possession. For example, someone who has been convicted of a felony crime may not know that under Florida law, he or she cannot possess a pistol, rifle, or other weapon. Fines of up to $10, 000 can also be rstin Wade has represented many convicted felons against this charge and knows what it takes to get you the best possible outcome. If you've been charged with being a felon in possession of a firearm, it's imperative that you retain legal counsel immediately. Possession of a firearm by a convicted felon - a felony offense of the second degree, a conviction may result in a maximum of fifteen (15) years in prison, and/or fines of up to $10, 000. The State argued that Little was not acting in self-defense and was also not entitled to immunity under the Stand Your Ground law because he was engaged in an unlawful activity as a felon in possession of a firearm. State law allows for exception to the possession of a firearm by a felon in cases where: It should be noted that while many convicted felons can get most of their civil rights restored, very few have had their right to possess a firearm restored. A fixed metallic or nonmetallic hull or casing containing a primer. Proving Actual Possession of the Firearm by a Felon. Many times, either the defendant had no knowledge of its presence and/or the prosecution is unable to prove that knowledge.
If you are searched by a law enforcement official and they find you are in possession of any weapon on the prohibited list, you can be charged as a "felon in possession of a firearm. Actual possession of a firearm occurs when the person has physical control over the gun. What are the penalties for possession of a firearm by a convicted felon? It does not matter if your felony conviction had anything to do with guns or violence because any type of felony conviction may disqualify you from owning, using, or otherwise dealing with most firearms. "As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. If you have completed your sentence in full, nobody can restrict who you live with. Today for a Free Consultation. In Florida, there are two types of possession: actual and constructive. The term "interstate or foreign commerce" includes the movement of a firearm from one state to another or between the United States and any foreign country. That case underscored the fact that if you plan on carrying an antique or a replica, you need to carefully look at all its parts or accessories. At Adams & Luka, we intend to protect your innocence, and secure the best possible results in your case. If a person does not have exclusive possession of an object, knowledge of its presence may not be inferred or assumed.
Domestic Violence Results. Do not make any kind of statement to authorities without legal counsel. If you have been charged with this serious crime, contact our West Palm Beach attorneys and we can help. These crimes are all very serious, and cannot be expunged from records. Six months later, I was wrongly accused as the person who started the fight. In addition to these statutory defenses, the defendant may have another defense that would act to defeat the intent element of the crime or prevent the State from introducing certain evidence obtained in violation of the defendant's constitutional right to due process or freedom from unreasonable searches and seizures.
To put it simply, with constructive possession, law enforcement can reasonably assume that you knew where the gun was and you could access it. With a second-degree felony classification, the penalties for this offense are outrageous. Florida 10-20-Life rule makes it a three year minimum mandatory sentence punishable up to 15 years in prison and a $10, 000 fine if he has actual possess the firearm. 16 Using a Firearm While under the Influence § 790.
I would like thank my attorney Thomas Luka. We are not by this precedent persuaded the Florida Statute here questioned is constitutionally infirm. There is no way to list all possible defenses to any crime as all situations are different. We think the purpose of the Florida Statute is fairly comparable with that of the Federal Statute. I endorse this lawyer. 084(d) — Second-degree felony offenses become punishable by a mandatory minimum of 30 years up to 40 years in prison, and first-degree felony offenses become punishable by up to life in prison. What are the Different Types of Possession? 18 U. S. C. 922(g)(1) establishes that felons are prohibited from possessing any firearms or ammunition. If you are found to have actual possession of the firearm). The trial judge denied defendant's motion to quash the information, the jury returned a verdict of guilty and defendant was sentenced to a term of six months to ten years. Having prompt legal representation can improve your chances of a successful outcome. I would definitely recommend him for all of your real estate needs.
A skilled attorney can chart out an effective defense for you that could save you from spending years behind bars. However, the state does abide by national laws, including the FCRA. Call (941) 363-7900 now for a free consultation and to see how your rights and freedom can be protected. An experienced attorney can assess your case and develop a sturdy defense that will poke holes in the prosecutor's arguments. Contact Meltzer & Bell as soon as possible. You need and deserve an attorney who will investigate each and every fact of your case to build the best defense possible.