I have extensive experience in defending firearm cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each possession of a firearm by a convicted felon case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced possession of a firearm by a convicted felon attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you stopped and detained for a lawful reason?
• Did you voluntarily consent to any such search?
• Where was the firearm found and did the firearm belong to someone else?
• How many people had access to the place where the firearm was found?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT is possession of a firearm by a convicted felon

Under Florida Statutes 790.23, convicted felons and delinquents are prohibited from possessing firearms, ammunition, electric weapons or to carry a concealed weapon. This also includes a tear gas gun or chemical weapon. This law applies to those who have been:

• convicted of a felony in a Florida court
• convicted of or found to have committed a crime against the United States which is designated as a felony
• Found guilty of a felony offense in another state, territory, or country and which was punishable by imprisonment for over one year
• Found in a Florida court to have committed a delinquent act that would be a felony if it had been committed by an adult

HOW IS Possession of a Firearm by a Convicted Felon PROVEN IN FLORIDA?

To prove the crime of possession of a firearm by a convicted felon, the State must prove the following two elements beyond a reasonable doubt: Read the full jury instructions possession of a firearm by a convicted felon.

1. The defendant had been convicted of a felony and
2. After the conviction, the defendant knowingly
   a. Owned or had in his or her care, custody, possession, or control a firearm, an electric weapon or device or ammunition or
   b. Carried a concealed weapon
   

Penalties for possession of a firearm by a convicted felon

Possession of  a firearm by a convicted felon is classified as a second degree felony  that is punishable by up to fifteen years in prison and up to a $10,000 fine. Other penalties include:

• County jail
• Community control, house arrest or supervised probation
• Forfeiture of the firearm
• community service or educational classes

DEFENSES FOR Possession of a firearm by a convicted felon

There are many defenses available to contest a charge of possession of  a firearm by a convicted felon  in Florida. Some of the more common defenses include the following:

• You did not possess the firearm
• Lack of knowledge as you did not know a firearm was present
• The weapon was found in a common area and accessible to others
• The device does not meet the legal definition of a firearm

I DEFEND ALL Possession of a firearm by a convicted felon CASES

If you were recently arrested or charged with any Florida firearm offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.