The distinction between these two types of possession is pivotal to your case; actual possession carries a minimum prison sentence, while constructive does not. Once your plea has been entered, if you're being held in jail, you can opt to have a preliminary hearing within 14 days — or within 21 days if you're out on bail. Possession of a Firearm by a Convicted Felon in Florida Actual Possession of a Firearm by a Convicted Felon carries a minimum-mandatory prison sentence. Frequently, individuals are not even aware they are committing a crime. More recently in Weeks v. State, the Florida Supreme Court decided in 2014 that a convicted felon in possession of a pre-1918 antique firearm while hunting should still face charges because it was affixed with a modern scope that was not made prior to 1918 nor was it a replica of an accessory made prior to that year. Having a felony on your record is something you would like to forget and hopefully expunge in the future. 15 years of supervised probation. As is clear from the above information, weapons charges should be taken very seriously. In Florida, charges for possession of a firearm by a felon are a common occurrence.
Silencers are also considered firearms. John Terrezza has years of practice under his belt he can apply to your case. 18 U. S. C. 922(g)(1) establishes that felons are prohibited from possessing any firearms or ammunition. Hiring an experienced possession of a firearm by a convicted felon attorney is essential. In Florida, it's unlawful for felons to possess any type of firearm. What is A Federal Possession of A Firearm By A Convicted Felon in Florida Charge? One important note is that those found to be in actual possession of firearms as a convicted felon are subject to a minimum sentence of three years. A person can be found guilty of possession of a firearm by a convicted felon only if the defendant knowingly possessed a firearm and the defendant was convicted of a felony prior to possessing the firearm. For instance, if you are aware there is a firearm in your home or vehicle and prosecutors can prove you have the ability to access and exercise control over the gun, you may be considered in constructive possession. Ivette and I have been co-counsels on several matters over the years. In order to prove this charge, the prosecution must first establish that you have previously been convicted of a Florida Statute Section 790. The statute makes it unlawful for a felon or delinquent not only to own a firearm but also to merely have a firearm in their care, custody, possession, or control.
Obviously, if you or someone you love faces these allegations, it is extremely important to have a skilled, experienced defense attorney on your side. The FCRA's "seven-year rule" mandates that arrests not be reported for more than seven years on any background check. Found in courts of Florida to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age.
A firearm is in a place over which you have control; - A firearm has been concealed by you; OR. The prison sentencing range is as follows: Class A: Life without parole or death. Marc A. will use your strong defense to show why you should not be convicted of this crime. Does not include an "antique firearm" unless the antique firearm is used in the commission of a crime. The terms "custody" and "care" are defined as the immediate control or charge exercised by a person over the named object. Another exception is if the felon has had his civil rights restored by the Florida Board of Executive Clemency. Jan 23, 2023 · Convicted Florida felons who have not completed the process to get gun rights restored are not legally allowed to have constructive possession of firearms. The other weapons cannot be owned. Joint possession carries no mandatory minimum sentence. The relevant section is U. S. C. 922 (g). If you're carrying a concealed weapon, you could also be charged with that offense.
How can Goldman Wetzel help me fight my charges? What is considered "ammunition? Gun Crime Case Results. Florida law also provides that possession may be joint. Every case is different, and every case can involve different defenses.
A., contact our office today by calling (813) 234-6374. is available 24/7 to answer your questions and address your concerns. A., you will have the best defense possible for having your pending criminal charge resolved. I would definitely recommend him for all of your real estate needs. This definition excludes "antique firearms" unless used to commit a crime. Actual possession of a firearm occurs when the person has physical control over the gun. Possession may be constructive or actual. She will always make the time and effort for a client no matter how difficult the circumstances are.
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