Many times, either the defendant had no knowledge of its presence and/or the prosecution is unable to prove that knowledge. The penalties for possessing a firearm as a convicted felon are harsh in Florida, even if the weapon was never discharged or used to commit a crime. Though most understand that if they are convicted of a felony they no longer have the right, unless reinstated, to own a firearm, for many owning and relying on a firearm is a matter of day-to-day life. Actual possession is defined as an object being in the hand of or on the person, the object is in a container in the hand of or on the person, or the object is so close as to be within ready reach and is under the control of the person. Fines of up to $10, 000 can also be.. term "gun possession" may seem like a pretty straightforward one. S include: Although felony offenses cover a broad scope of violent and non-violent crimes, all convicted felons are ineligible to own a firearm. I would strongly recommend her for anyone who is looking for an attorney. This definition excludes "antique firearms" unless used to commit a crime. One effective strategy is proving that your civil rights and firearm authority have been restored. The hopes of clearing your record are hindered if you face a charge of being a felon in possession of a firearm in Florida.
Under federal law, the maximum sentence for a felon in possession of a firearm is 10 years, but may be increased to a 15-year mandatory minimum sentence if the felon has three or more convictions for certain drug trafficking crimes and/or violent offenses. I have extensive experience in defending firearm cases in Orange County, Seminole County and throughout the entire Central Florida area. Federal Laws for Illegal Carry of Firearm by Felon – Visit the official website for the Cornell Law School to read into the federal laws for felons who carry illegal weapons.
What happens if a felon is around a gun? If you've been accused of a crime in Florida, contact our office at 813-444-7435. 2nd 1965); Maloney v. 2d 581 ( 1962). An attorney can help you determine your eligibility for restoration of your gun ownership rights. Second or third offenses will result in even more severe criminal punishments. The device does not meet the legal definition of a firearm. Because the guns were not on his person and the car was a rental, the defendant was considered to be in constructive possession. Felon in possession of firearm offenses can result in enhanced criminal penalties for certain types of alleged repeat offenders, but many people can be charged with this crime as the result of unknowing or accidental possession of firearms or other weapons. Violation of this law will mean serious penalties including fines and even incarceration. A criminal history is not disqualifying in all instances. As the defendant in a federal prosecution case, after a probable cause determination has been made, you will be arraigned before a federal magistrate to enter a plea of "not guilty. " Another civil right that convicted felons lose is the right to possess a firearm. The result by Thomas Luka: Case Dismissed.
An experienced attorney can assess your case and develop a sturdy defense that will poke holes in the prosecutor's arguments. Lawyer for Felon in Possession of a Firearm Arrests in Fort Lauderdale, FL. There are a number of things that can trigger the prohibition of having a firearm in West Palm Beach. Having a gun in your hand or person is an example of actual possession. George Clinton NELSON, Appellant, v. STATE of Florida, Appellee. 23 (1) (b) or (1) (d), Fla. Stat. 23 are generally second-degree felony offenses punishable by up to 15 years in prison and/or a fine of up to $10, 000, but an alleged offender can face first-degree felony charges punishable by to up to 30 years in prison and/or a fine of up to $10, 000 under Florida Statute § 874. Properly licensed convicted felons may hunt with bows, crossbows and airguns during hunting seasons when such devices are legal. Is there a lack of evidence or a conflict in the evidence?
When a convicted felon allegedly possesses a firearm, he or she can be charged with yet another felony offense. Sometimes, if circumstances allow, possessing a firearm as a felon can be upgraded to a first-degree felony. For example, if you are riding in a nting with a felony conviction. As a felon, being charged with possession of firearms is considered an additional felony conviction. However, these are only the minimum penalties you can face.
Felonies are very serious crimes such as murder, sexual assault, and more. If you or someone you know has been charged for possession of a firearm by a felon under either the federal or state jurisdiction, then it's in your best interest to contact legal counsel. 151, Fla. nstructive possession is a term used to indicate legal possession even if the object isn't in a person's direct physical control. Speak with an experienced criminal attorney in Florida if you have been found in felony possession of a firearm. Depending on the facts of your Jacksonville Florida Possession of a Firearm by a Convicted Felon Case, the prosecutor may not be able to do this. Class A felonies are the most serious and include murder, while Class I felonies, such as larceny of a dog, credit card fraud, and domestic violence, are the least serious. The terms "custody" and "care" are defined as the immediate control or charge exercised by a person over the named object. When the State of Florida convicts defendants of felony crimes, the defendants lose their right to possess firearms, amongst other consequences. See Florida Statute 755. As a result, if you are facing accusations for this crime, you should seek legal advice. Call (850) 764-5291 and set up your first consultation free of charge. What we can say is that we will investigate every reasonable possibility in your Us? If you'd like to learn more about what legal options may be available to you, call us today for a confidential discussion of your case at 813-461-5291.
Hubbs Law Firm aggressively defends clients accused of various weapons and firearm crimes in numerous communities in Miami-Dade County, including Homestead, Miami Gardens, Hialeah, Cutler Bay, Aventura, and many others. A felon can be in actual or constructive possession of the firearm to be charged with Possession of a Firearm by a Convicted Felon in Jacksonville, Florida. 087(2)(r); see also Potter v. State. 2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases,... Can a felon open carry a knife in Florida?
Jacksonville Firearm Possession by Felon Defense Lawyer. Under Florida law, a felon is not only a person convicted of a felony by the State of Florida but also a person who has been convicted of a felony in a sister state, a foreign country, or a territory. Hunters who are on probation, should consult with their probation officer before hunting. Were you arrested for illegal possession of a weapon or firearm in South Florida because you had been previously convicted of a felony offense? The first attorney I hired could not even get a response from the State Attorney handling the case. A firearm that's within reach and under control of a person.
John Terrezza has years of practice under his belt he can apply to your case. Call 813-250-0500 to discuss your case. In 2012 alone, the Florida Department of Law Enforcement reported over 3, 000 arrests that involved felons in possession of a firearm. For felons, this means that if you are charged with possession of a firearm or any other prohibited weapon, you can face serious penalties. Those steps are known as the expungement process. Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
There are many defenses that a skilled lawyer can use to get your charges thrown out. Like California and many other states, Florida has a three strikes law that aims to punish habitual offenders or those who have been convicted of three or more crimes. Read more about us to find out how we can help you. Lawrence Meltzer and Steven Bell are experienced criminal defense attorneys in Fort Lauderdale who can investigate every detail of your arrest and fight to possibly get the criminal charges minimized or eliminated. 04 if he or she violated Florida Statute § 790. You may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1, 000 and result from any criminal conviction or traffic infraction. Each state has sentencing guidelines, and an experienced firearms attorney can help you understand the exact details of those laws in your state. In the state of Florida, the conviction of a felony offense carries several consequences. Call (305) 570-4802 right now to take advantage of a free, confidential consultation that will let our lawyers review your case and answer all of your legal questions. There are a few exceptions to these laws, some statutory and some carved out though case law. Possession of a firearm by a convicted felon is an offense guarded by federal legislation. Do not say anything to authorities until you have contacted Hubbs Law Firm.
Call (941) 363-7900 now for a free consultation and to see how your rights and freedom can be protected. HOW IS Possession of a Firearm by a Convicted Felon PROVEN IN FLORIDA? Our Tampa firearms lawyers will investigate any prospective defense including the possibility that your civil rights have been reinstated, that the alleged "firearm" was not a firearm at all, or that you couldn't exercise control over the firearm. If you are convicted of possession of ammunition by a convicted felon, then the offense is a second-degree felony punishable by up to fifteen (15) years in prison without any minimum mandatory prison sentence. We understand the importance of protecting your freedom, reputation, and career. Despite Florida's gun-friendly status (relative to other states), the state takes, quite seriously, possession of firearms by convicted felons. For example, if a felon is in a borrowed car and a gun is found in the right to possess or carry a firearm is one of those. I would definitely recommend him for all of your real estate needs. An arrest, indictment, or investigation may be frightening and unsettling, but it does not always result in a conviction.
The term "weapons" encompasses a wide array of items that may be used to inflict harm or injury on someone else. This article was last updated on Thursday, November 10, 2022. 23 and affirm the judgment appealed from. But, even after they served their time, felons must face additional restrictions, such as losing their right to own a gun. 23, the prosecutor can attempt to prove that you possessed a firearm, ammunition or an electric device or weapon either through actual possession or constructive possession.
Our office is in downtown Tampa, close to the Hillsborough County courthouse. The prison sentencing range is as follows: Class A: Life without parole or death. Therefore, if the firearm is not found on the Florida felon, the prosecutor has to prove that the Florida felon had control over the weapon. You had control over the firearm. Our main office is located in downtown Tampa, FL, just a few blocks from the courthouse.
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