Pasco County Possession of a Firearm by a Felon Lawyer
Facing charges for possession of a firearm by a felon in Pasco County can be overwhelming and life-altering. If you’ve been arrested or are under investigation for this serious felony offense, you need an experienced Pasco County possession of a firearm by a felon lawyer who understands Florida’s complex weapons laws and can provide aggressive representation to protect your rights and freedom. At the Law Office of Daniel J. Fernandez, P.A., we have over 43 years of experience defending clients against firearm charges throughout Florida, including Pasco County.
Daniel J. Fernandez has successfully defended over 500 clients in trial throughout his distinguished career as a criminal defense attorney. As a former prosecutor, he understands the tactics used by the prosecution and knows how to build a strong defense strategy for firearm possession charges. Our team provides relentless advocacy and strategic representation to achieve the best possible outcome for your case.
Understanding Possession of a Firearm by a Felon in Florida
In Florida, possession of a firearm by a convicted felon is a serious second-degree felony offense under Florida Statute 790.23. This law makes it illegal for anyone who has been convicted of a felony to own, possess, or control any firearm, ammunition, or electric weapon. The penalties are severe and can include up to 15 years in prison, 15 years of probation, and fines up to $10,000.
Florida’s firearm laws are particularly harsh, and the state takes these charges very seriously. Under the 10-20-Life statute, certain firearm-related offenses carry mandatory minimum sentences. Additionally, if you’re charged with committing another crime while possessing a firearm as a felon, you could face enhanced penalties that significantly increase your potential prison time.
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 the possession was intentional. An experienced criminal defense attorney can challenge each of these elements and identify weaknesses in the prosecution’s case.
Defense Strategies for Firearm Possession Charges
There are several potential defense strategies that can be employed when fighting possession of a firearm by a felon charges. The specific approach will depend on the unique circumstances of your case, but common defenses include challenging the legality of the search and seizure, questioning whether you had actual or constructive possession of the firearm, and examining whether you had knowledge of the weapon’s presence.
Constitutional violations during the investigation can lead to evidence being suppressed or dismissed entirely. If law enforcement conducted an illegal search without a warrant or probable cause, any evidence obtained may be inadmissible in court. Our legal team thoroughly reviews all aspects of your case, including police reports, witness statements, and evidence collection procedures.
Another defense strategy involves challenging the concept of constructive possession. Simply being near a firearm doesn’t automatically mean you possessed it. The prosecution must prove that you had knowledge of the firearm’s presence and the ability to exercise control over it. In cases involving multiple people or shared spaces, this can be difficult to establish beyond a reasonable doubt.
Additionally, we examine whether your prior felony conviction affects your current charges. In some cases, civil rights may have been restored, or the prior conviction may not qualify under the statute. Our team conducts a comprehensive analysis of your criminal history and legal status to identify all possible defense options.
The Criminal Justice Process in Pasco County
When facing firearm possession charges in Pasco County, your case will likely be processed through the Pasco County Courthouse located in Dade City. The criminal justice process typically begins with an arrest, followed by a first appearance hearing where bail may be set. Given the serious nature of felon in possession charges, bail amounts can be substantial, and in some cases, defendants may be held without bond.
The arraignment is the next step, where formal charges are read and you enter a plea. Throughout this process, having experienced legal representation is crucial. Our team handles all aspects of your case, from initial bail hearings through trial if necessary. We work diligently to negotiate with prosecutors and explore opportunities for reduced charges or alternative sentencing options.
Pre-trial motions play a critical role in firearm cases. These may include motions to suppress evidence, motions to dismiss charges, or motions for discovery. Our legal team files strategic motions designed to strengthen your defense and challenge the prosecution’s case at every opportunity.
If your case proceeds to trial, you need an attorney with proven trial experience. Daniel J. Fernandez has successfully defended clients in over 500 trials and knows how to present compelling arguments to judges and juries. We prepare thoroughly for trial while continuing to negotiate for the best possible resolution outside of court.
Pasco County Possession of a Firearm by a Felon FAQs
What constitutes possession under Florida law?
Possession can be actual or constructive. Actual possession means the firearm is on your person, while constructive possession means you have knowledge of the weapon’s location and the ability to control it, even if it’s not directly on you.
Can I be charged if the firearm wasn’t mine?
Yes, you can still be charged even if you didn’t own the firearm. The law focuses on possession and control, not ownership. However, this can be a strong defense point if properly argued by an experienced attorney.
Are there any exceptions to the felon firearm prohibition?
Very limited exceptions exist, such as if your civil rights have been restored or if you receive specific authorization. However, these exceptions are narrow and require proper legal documentation.
What if I didn’t know there was a firearm present?
Lack of knowledge can be a valid defense. The prosecution must prove you knew about the firearm’s presence. This is particularly relevant in cases involving vehicles or shared living spaces.
Can these charges be reduced or dismissed?
Depending on the circumstances, charges may be reduced through negotiation or dismissed if there are constitutional violations or insufficient evidence. An experienced attorney can evaluate all possibilities.
What happens if I’m convicted?
A conviction carries severe penalties including up to 15 years in prison, probation, fines, and a permanent criminal record that can affect employment, housing, and other opportunities.
Should I accept a plea deal?
This decision should only be made after consulting with an experienced attorney who can evaluate the strength of the prosecution’s case and negotiate the best possible terms on your behalf.
Serving Throughout Pasco County
- New Port Richey
- Port Richey
- Zephyrhills
- Dade City
- Holiday
- Hudson
- Land O’ Lakes
- Trinity
- Wesley Chapel
- San Antonio
Contact a Pasco County Firearm Possession Defense Attorney Today
If you’re facing possession of a firearm by a felon charges in Pasco County, time is critical. The sooner you contact an experienced firearm possession defense attorney, the better we can protect your rights and build a strong defense strategy. At the Law Office of Daniel J. Fernandez, P.A., we provide aggressive representation and have the experience necessary to handle complex firearm cases.
Our team is available 24/7 to discuss your case and provide immediate guidance. We offer free consultations and work tirelessly to achieve the best possible outcome for our clients. Don’t let a firearm charge destroy your future. Contact our office today to schedule your consultation with a dedicated criminal defense attorney who will fight for your freedom.