St. Petersburg Possession of a Firearm by a Felon Lawyer

When facing charges for possession of a firearm by a felon in St. Petersburg, you need an experienced criminal defense attorney who understands the serious nature of these allegations and the potential consequences they carry. A St. Petersburg possession of a firearm by a felon lawyer at the Law Office of Daniel J. Fernandez, P.A. can provide the aggressive representation necessary to protect your rights and future. With over 43 years of experience and more than 500 successful trials, our firm has the proven track record to handle even the most complex firearm possession cases in Florida state and federal courts.

Firearm possession charges for convicted felons carry severe penalties under both Florida state law and federal regulations. The consequences extend far beyond potential jail time, affecting employment opportunities, housing options, and fundamental constitutional rights. Our St. Petersburg criminal defense team understands the complexities of these cases and works tirelessly to examine every aspect of the charges against you, from the initial police contact to the evidence collection procedures.

Understanding Florida’s Firearm Possession Laws for Felons

Florida Statute 790.23 makes it illegal for any person who has been convicted of a felony to own, possess, or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon. This law applies regardless of when the felony conviction occurred and remains in effect unless civil rights have been specifically restored through the proper legal channels. The statute covers all types of firearms, including handguns, rifles, shotguns, and any device designed to propel a projectile by explosive action.

Federal law under 18 U.S.C. § 922(g) also prohibits convicted felons from possessing firearms or ammunition that have traveled in interstate commerce. This federal statute often overlaps with state charges, potentially subjecting defendants to prosecution in both state and federal courts. The federal penalties are particularly severe, with mandatory minimum sentences in many cases and the possibility of decades in federal prison.

The definition of “possession” under these laws extends beyond simply holding a firearm. Constructive possession can be established if prosecutors prove you had knowledge of the firearm’s presence and the ability to exercise control over it. This means that firearms found in your home, vehicle, or workplace could potentially result in possession charges even if you weren’t physically holding the weapon at the time of arrest.

Penalties and Consequences for Firearm Possession by a Felon

The penalties for possession of a firearm by a felon in Florida are severe and life-altering. Under state law, this offense is classified as a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000. However, if the defendant has multiple prior felony convictions, the charges may be enhanced under Florida’s habitual offender statutes, potentially resulting in even longer prison sentences.

Florida’s 10-20-Life statute adds another layer of complexity to these cases. If the firearm possession occurs during the commission of certain specified felonies, mandatory minimum sentences apply. These range from 10 years for possession during a felony, 20 years for discharge of the firearm, and 25 years to life if someone is injured or killed. The statute requires that these sentences be served without the possibility of parole, probation, or early release.

Federal prosecution brings its own set of harsh consequences. Under federal law, possession of a firearm by a felon can result in up to 10 years in federal prison. If the defendant has three or more prior convictions for violent felonies or serious drug offenses, they may face prosecution under the Armed Career Criminal Act, which carries a mandatory minimum sentence of 15 years and a maximum of life imprisonment.

Beyond incarceration, a conviction creates lasting collateral consequences that affect nearly every aspect of life. Employment opportunities become severely limited, as most employers conduct background checks. Housing options are restricted, as many landlords refuse to rent to individuals with felony convictions. Professional licenses may be suspended or revoked, and the conviction remains on your criminal record permanently unless successfully expunged or sealed through proper legal procedures.

Building a Strong Defense Strategy

Defending against firearm possession charges requires a thorough understanding of both state and federal law, as well as constitutional protections against unreasonable searches and seizures. Our St. Petersburg legal team begins every case with a comprehensive investigation of the circumstances leading to the arrest and the evidence collection procedures used by law enforcement.

Fourth Amendment violations are common in firearm possession cases, particularly when the weapon is discovered during vehicle stops or home searches. If police conducted an illegal search or seizure, we can file motions to suppress the evidence, which may result in dismissal of all charges. We examine whether officers had reasonable suspicion for the initial contact, probable cause for any searches, and whether proper warrant procedures were followed when applicable.

Challenging the element of possession is another crucial defense strategy. Prosecutors must prove beyond a reasonable doubt that you knowingly possessed the firearm. In cases involving constructive possession, this can be particularly difficult to establish. We investigate who else had access to the location where the firearm was found, whether your fingerprints or DNA were present on the weapon, and whether there is any direct evidence linking you to the firearm.

The validity of the underlying felony conviction may also be subject to challenge in certain circumstances. If the prior conviction was obtained in violation of your constitutional rights, or if there are procedural defects in the conviction, it may be possible to challenge its use as a predicate offense. Our experienced attorneys thoroughly review all prior convictions to identify potential issues that could affect the current charges.

St. Petersburg Possession of a Firearm by a Felon FAQs

Can I possess a firearm if my civil rights have been restored?

Restoration of civil rights may allow firearm possession under Florida law, but federal restrictions often remain in place. The process requires specific steps through the Florida Department of Corrections and potentially the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Each case requires individual evaluation of the restoration process and current legal status.

What if the firearm belonged to someone else in my household?

Ownership by another person doesn’t automatically provide a defense if prosecutors can prove you had knowledge and control over the weapon. However, it may create reasonable doubt about actual possession, particularly if the firearm was secured in a location you couldn’t access or if other household members had exclusive control over the area where it was found.

Are there any exceptions for antique firearms or black powder weapons?

Florida law provides limited exceptions for antique firearms manufactured before 1918 and certain black powder weapons that don’t use conventional ammunition. However, federal law may still apply, and the specific characteristics of the weapon must meet precise legal definitions. These exceptions require careful legal analysis to determine applicability.

Can I be charged with both state and federal crimes for the same incident?

Yes, dual prosecution is possible because state and federal laws are separate sovereigns under the dual sovereignty doctrine. This means you could face charges in both state court in Pinellas County and federal court in the Middle District of Florida for the same conduct, each carrying their own potential penalties.

What happens if the firearm was discovered during a traffic stop?

Traffic stop searches must comply with Fourth Amendment requirements. Officers need reasonable suspicion for the stop and probable cause or consent for vehicle searches. If proper procedures weren’t followed, evidence may be suppressed. We examine dash cam footage, police reports, and officer testimony to identify potential constitutional violations.

How long do I have to wait before my record can be sealed or expunged?

Firearm possession by a felon convictions are generally not eligible for sealing or expungement under Florida law. However, if charges are dismissed or you’re found not guilty, you may be eligible to have your arrest record sealed or expunged, which is why fighting these charges is so important.

What should I do if federal agents want to question me about firearm possession?

Exercise your right to remain silent and request an attorney immediately. Federal agents often have extensive evidence before initiating contact, and statements made during questioning can significantly harm your defense. Contact our firm immediately if federal authorities have contacted you about any firearm-related investigation.

Serving Throughout St. Petersburg

  • Downtown St. Petersburg
  • Old Northeast
  • Historic Kenwood
  • Crescent Lake
  • Euclid-St. Paul
  • Greater Pinellas Point
  • Lakewood Estates
  • Shore Acres
  • Snell Isle
  • Tyrone

Contact a St. Petersburg Firearm Possession Attorney Today

Facing possession of a firearm by a felon charges in St. Petersburg requires immediate action and experienced legal representation. The Law Office of Daniel J. Fernandez, P.A. has successfully defended over 500 clients in trial throughout our 43-year history, including complex firearm possession cases in both state and federal court. Our team serves clients throughout Pinellas County, including those facing charges at the Pinellas County Criminal Justice Center located at 14250 49th Street North in Clearwater. We understand the local court system, prosecutors, and judges, giving us valuable insights into building effective defense strategies. Don’t let firearm possession charges derail your future when experienced legal help is available. Contact our St. Petersburg firearm possession attorney today for aggressive representation that protects your rights and fights for your freedom.