Dade City Possession of a Firearm by a Felon Lawyer

A prior felony conviction changes the legal landscape around firearms permanently under Florida law. Not just for violent crimes. Not just for drug trafficking or weapons offenses. Any felony conviction, from a drug possession charge years ago to a fraud case that never involved a weapon, strips a person of the right to possess, carry, or control a firearm. When law enforcement in Pasco County discovers a gun in a situation involving someone with a record, the charge that follows is almost always a second-degree felony carrying up to fifteen years in Florida state prison. The lawyer a person chooses at that moment matters enormously, because this charge does not negotiate itself down on its own. At Daniel J. Fernandez P.A., we have represented clients across Pasco County and the broader Tampa Bay region on Dade City possession of a firearm by a felon charges for more than four decades, and we know exactly what the prosecution needs to prove and where those cases can be challenged.

What Florida Law Actually Requires the State to Establish

Florida Statute Section 790.23 governs felon-in-possession charges. The State Attorney’s Office must prove two things: first, that the person accused was previously convicted of a felony, and second, that the person knowingly possessed a firearm. Both elements sound straightforward, but each one contains real pressure points that a thorough defense attorney will examine from the beginning.

The prior conviction element is typically proven through certified court records from whatever county or state handled the original case. Defense attorneys should review those records carefully. Some prior convictions were withheld adjudications rather than formal convictions, and under Florida law, a withheld adjudication generally does not qualify as a disqualifying conviction under Section 790.23. Other prior convictions may have been vacated, expunged, or handled under a diversion program that left the person’s record in a legally ambiguous status. These distinctions matter and they are not always obvious from a quick records search.

Possession itself is the second place where these cases often become contested. Florida recognizes both actual possession and constructive possession. Actual possession means the firearm was on the person’s body. Constructive possession means the gun was in a location the person could access and control. Constructive possession cases are far more defensible, because the State must also show the person knew the firearm was present and had the ability to exercise control over it. When a gun is found in a shared vehicle, an apartment with multiple residents, a storage unit visited by several people, or a car borrowed from someone else, the State’s burden becomes significantly harder to carry. The difference between a conviction and an acquittal in those cases often comes down to how well the defense examines the physical evidence, challenges the witness statements, and tests the logic of the prosecution’s theory.

How These Cases Come Together in Pasco County

Dade City is the county seat of Pasco County, and the Pasco County Circuit Court handles felony charges at the Robert D. Sumner Judicial Center on Fifth Street. Cases here follow the Sixth Judicial Circuit’s procedures, which means understanding the local court culture, the tendencies of the assigned judge, and the way the State Attorney’s Office in the New Port Richey branch office approaches felon-in-possession cases matters just as much as the law itself.

Most possession of a firearm by a felon cases in Pasco County begin in one of a few predictable ways. Traffic stops along US-301, SR-52, or the stretch of I-75 running through eastern Pasco County frequently produce these charges when officers smell marijuana, see something in plain view, or conduct a consent search. Domestic disturbance calls in residential areas of Dade City or Zephyrhills often result in a search of the premises where a firearm surfaces. Drug investigations that involve a search warrant sometimes produce a firearm as well, leading to this charge stacked alongside drug counts. And probation or parole searches, which require no warrant in many circumstances, turn up firearms in situations where the person had no idea their visitor or family member had brought one inside.

Each one of those origination points creates its own set of defense angles. A traffic stop that lacked reasonable suspicion produces Fourth Amendment suppression issues. A consent search where consent was not freely and voluntarily given can also be challenged. A domestic call that escalated into a warrantless entry requires close examination of whether exigent circumstances actually existed. And a probation search that exceeded the scope of what the supervision order permitted may itself be subject to challenge. The evidence that comes from a constitutional violation does not automatically go away, but a well-argued motion to suppress can exclude it, and when the gun is excluded, the felon-in-possession charge typically cannot survive.

Mandatory Minimums and the Sentencing Reality Under Florida Law

One reason this charge requires immediate serious attention is the mandatory minimum sentence that applies when the State invokes it. Under Florida’s 10-20-Life statute, simple possession of a firearm by a felon carries a mandatory minimum of three years in Florida state prison. That minimum applies even if the person has no prior violent history, even if the firearm was never loaded, and even if no one was threatened or harmed. If the firearm was possessed during the commission of another felony offense, the mandatory minimum increases to ten years. If the firearm was discharged, that minimum becomes twenty-five years.

These mandatory minimums take sentencing discretion away from the judge almost entirely. Even a judge who believes the circumstances call for a lesser outcome cannot impose one once the State invokes the minimum. The only path around mandatory minimums in Florida is through a successful defense at trial, a constitutional challenge to the underlying stop or search, a legal challenge to the qualifying predicate felony, or a negotiated resolution where the State agrees to a lesser charge. That last outcome requires leverage, and leverage in a criminal case comes from identifying and pressing the weaknesses in the prosecution’s evidence before the case ever reaches a courtroom.

Questions Clients Ask About This Charge

Does it matter that I only touched the gun for a moment and did not own it?

Duration of possession and legal ownership are both irrelevant under Florida law. The statute covers any knowing possession, which includes momentary handling if it was intentional. However, knowing possession still requires proof that you understood you were touching or controlling a firearm. The defense in that situation focuses on what you actually knew and intended, not on how long contact lasted.

My felony was from another state. Does it still count?

Yes. Florida Statute Section 790.23 applies to convictions from any state, any federal court, or any foreign jurisdiction if the offense would constitute a felony under Florida law. An out-of-state felony conviction qualifies, though reviewing the exact nature of that prior conviction and whether it was formally adjudicated is still worth doing carefully.

Can I get my civil rights restored so that this charge no longer applies to me?

Florida does have a process for civil rights restoration, and a full restoration of civil rights including firearm rights can eliminate future exposure under this statute. However, that restoration must be completed before the encounter with law enforcement. It has no effect on a charge that has already been filed based on conduct that occurred before any restoration was granted.

What happens at the first court appearance in Dade City?

After a Pasco County arrest, the first appearance typically occurs within twenty-four hours at which time the judge addresses bond. Possession of a firearm by a felon is a serious second-degree felony, and prosecutors often argue for a higher bond or no bond based on the firearm element. Having defense counsel present at that first appearance can influence the bond outcome significantly.

How does a felony firearm charge affect my ability to resolve any accompanying drug charges?

When drug charges and a firearm charge are filed together, they complicate each other substantially. Prosecutors treat the presence of a firearm as an aggravating factor that affects plea discussions on the drug counts as well. A defense strategy that successfully challenges the firearm evidence can change the entire dynamic of how the drug charges are resolved, because the two cases are built on the same underlying stop, search, or seizure.

Is a jury trial realistic in this type of case, or do most of them resolve through pleas?

Both outcomes occur regularly. Cases where the suppression motion fails and the evidence is strong may resolve through negotiated pleas. Cases where the constitutional issues are substantial, where the constructive possession theory is weak, or where the predicate conviction is legally questionable are genuine trial candidates. The decision between a plea and a trial depends on the specific facts, the strength of the defense theory, and what the State is offering.

Defending This Charge Across Pasco County

Daniel J. Fernandez has spent more than forty-three years as a criminal defense and trial lawyer in the Tampa Bay region, personally trying more than five hundred cases to verdict. That experience extends throughout Pasco County, including cases handled at the Pasco County Circuit Court in Dade City. Before building his own defense practice, Mr. Fernandez served as a prosecutor, which means he understands how the State builds these cases from the inside out, how charging decisions get made, and what makes a defense posture credible enough to produce a favorable outcome before trial or strong enough to win one. For anyone facing a felon in possession charge in Dade City or anywhere in Pasco County, that perspective translates directly into a more complete defense from the first consultation forward.

If you are dealing with a Dade City felon in possession charge, reaching out to our firm early gives us the most time to examine every aspect of the case before critical deadlines pass and options close.