Florida Possession of a Firearm by a Felon Lawyer
Being charged with possession of a firearm by a felon in Florida carries severe consequences that can significantly impact your future and freedom. This serious felony offense requires immediate attention from an experienced criminal defense attorney who understands the complexities of Florida’s firearm laws and federal statutes. At the Law Office of Daniel J. Fernandez, P.A., our skilled Tampa criminal defense team has over 43 years of experience defending clients facing weapons charges, including possession of firearms by convicted felons. With more than 500 successful trials, we provide aggressive representation to protect your rights and fight for the best possible outcome in your case.
Understanding Possession of a Firearm by a Felon in Florida
Florida Statute 790.23 makes it illegal for any person who has been convicted of a felony to own, possess, or have control over any firearm, ammunition, or electric weapon. This prohibition applies to both state and federal felony convictions, regardless of when the conviction occurred. The law is strictly enforced, and prosecutors in Hillsborough County and throughout Florida aggressively pursue these charges.
Under Florida law, possession can be either actual or constructive. Actual possession means the firearm was found on your person or within your immediate reach and control. Constructive possession occurs when the weapon is found in a location where you have control or dominion, such as your home, vehicle, or workplace, even if you were not physically holding it at the time of arrest.
The prosecution must prove several elements beyond a reasonable doubt to secure a conviction. They must establish that you were previously convicted of a felony, that you knowingly possessed or controlled a firearm or ammunition, and that you had not had your civil rights restored. Our experienced criminal defense attorneys at Daniel J. Fernandez, P.A. thoroughly examine each element to identify weaknesses in the prosecution’s case and develop effective defense strategies.
Penalties and Consequences for Firearm Possession by a Felon
The penalties for possession of a firearm by a convicted felon in Florida are severe and carry long-lasting consequences. This offense is classified as a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and fines up to $10,000. Additionally, Florida’s 10-20-Life statute may apply, which mandates minimum sentences for certain firearm-related offenses.
Under the Armed Career Criminal Act, federal prosecutors may also file charges if you have three or more prior violent felony convictions or serious drug offenses. Federal convictions can result in even harsher penalties, including sentences of 15 years to life in prison without the possibility of parole.
Beyond incarceration and fines, a conviction creates a permanent criminal record that affects employment opportunities, housing applications, professional licensing, and other aspects of daily life. The stigma of a weapons conviction can impact personal relationships and community standing for years to come.
Given these serious consequences, it is crucial to contact an experienced Tampa criminal defense lawyer immediately after arrest. Early intervention allows our legal team to begin building a strong defense strategy, challenging evidence, and protecting your constitutional rights throughout the legal process.
Defense Strategies for Tampa Firearm Possession Cases
Defending against charges of possession of a firearm by a felon requires a thorough understanding of both state and federal laws, constitutional protections, and criminal procedure. Our Tampa criminal defense attorneys employ various strategic approaches depending on the specific circumstances of each case.
One common defense involves challenging the legality of the search and seizure that led to the discovery of the firearm. The Fourth Amendment protects against unreasonable searches, and any evidence obtained through illegal means may be suppressed. This includes traffic stops without reasonable suspicion, searches without proper warrants, or violations of your Miranda rights.
We also examine whether the prosecution can prove constructive possession in cases where the firearm was not found directly on the defendant. Constructive possession requires evidence that you knew about the weapon’s presence and had the ability to control it. If multiple people had access to the location where the firearm was discovered, establishing exclusive control becomes more difficult for prosecutors.
Another potential defense involves challenging the underlying felony conviction used to establish the defendant’s prohibited status. If the prior conviction was invalid, improperly classified, or has been expunged, it may not qualify as a predicate felony under the statute. Additionally, we investigate whether civil rights have been restored, which would remove the prohibition against firearm possession.
In some cases, we may argue that the defendant was unaware of the firearm’s presence, as knowledge is a required element of the offense. This defense is particularly relevant in constructive possession cases where the weapon belonged to someone else or was placed without the defendant’s knowledge.
Tampa Possession of a Firearm by a Felon FAQs
Can I possess a firearm if my felony conviction was expunged or sealed?
Generally, no. In Florida, even if your record is expunged or sealed, you typically cannot possess firearms unless your civil rights have been specifically restored. Federal law also prohibits firearm possession for most felony convictions, regardless of state expungement. Consult with a criminal defense attorney to understand your specific situation and explore options for restoring your rights.
What if the firearm belonged to someone else in my household?
You can still be charged with constructive possession if prosecutors can prove you knew about the firearm and had the ability to control it. Living in a home where firearms are present can create legal complications for convicted felons. Family members should store weapons in locked safes or locations where you cannot access them, and proper documentation of ownership is important.
How long after a felony conviction does the firearm prohibition last?
The prohibition is permanent unless your civil rights are restored through the proper legal channels. In Florida, this typically requires completing your sentence, including probation, and applying for restoration of civil rights through the Office of Executive Clemency. Federal restrictions may still apply even after state rights are restored.
Can I be charged under both state and federal law for the same offense?
Yes, you can face both state and federal charges for the same conduct without violating double jeopardy protections. Federal prosecutors may file charges under 18 U.S.C. § 922(g)(1), which carries different penalties and procedures. Having experienced legal representation is crucial when facing potential dual prosecution.
What should I do if police want to search my home for firearms?
You have the right to refuse consent to search unless officers have a valid warrant. If they claim to have a warrant, ask to see it and verify the address and scope. Do not resist physically, but clearly state that you do not consent to the search. Contact an attorney immediately, as any evidence obtained may be subject to suppression if the search was illegal.
Are there any exceptions that allow convicted felons to possess firearms?
Very limited exceptions exist, primarily for law enforcement officers and military personnel in official capacities, but these require specific authorization. Antique firearms may have different restrictions under certain circumstances. However, convicted felons should never assume an exception applies without consulting with a qualified criminal defense attorney first.
How can restoration of civil rights affect my case?
If your civil rights have been properly restored before the alleged possession occurred, this can serve as a complete defense to state charges. However, the restoration process must have been completed correctly, and federal restrictions may still apply depending on the nature of your prior conviction and the specific restoration granted.
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Contact a Tampa Firearm Defense Attorney Today
If you are facing charges for possession of a firearm by a convicted felon in Tampa or throughout the Tampa Bay area, time is critical in building your defense. The Law Office of Daniel J. Fernandez, P.A. provides experienced representation for clients in Hillsborough County, Pinellas County, Polk County, and surrounding areas. Our team understands the serious nature of weapons charges and works tirelessly to protect your rights and freedom. As a former prosecutor with over four decades of criminal defense experience, Daniel J. Fernandez knows the tactics used by the prosecution and how to counter them effectively. With more than 500 successful trials and recognition as one of Tampa Magazine’s Best Lawyers, our firm has the experience and dedication needed to fight for the best possible outcome in your case. Contact our Tampa firearm defense attorney today for a free consultation to discuss your situation and learn how we can help protect your future.