Felon in Possession of a Firearm Charges in Florida

Fort Lauderdale Weapons Crime Defense Attorney

If you have been convicted of a previous felony, Florida law prohibits you from possessing a firearm or ammunition. Under the Florida statutes, a felon found to be in possession of a firearm faces a second-degree felony charge. If you are convicted, you risk facing serious penalties. This is why it is so important to make sure you understand what is at stake in your case.

Penalties for a felon in possession of a firearm conviction can include:

  • Prison sentence up to 15 years
  • Fines up to $10,000
  • Probation terms up to 15 years

The laws concerning felon in possession of firearm also consider ammunition as part of this crime, meaning simply carrying the bullets to a firearm can result in a charge. By understanding what the law constitutes as a violation can help you avoid the potential charges and penalties associated with it. Before you try to navigate the complex legal system on your own, though, you should reach out to an experienced criminal defense attorney who can provide you with the counsel you need and deserve during this stressful time.

Call us at (954) 840-8713 for a free initial consultation.

Understanding Constructive & Actual Possession

When someone is charged with felon in possession of a firearm, it is the duty of the prosecutor to prove that the individual did, in fact, possess the firearm. To do this, they will work to show actual or constructive possession. This can be a confusing situation, but it’s important to understand what these terms mean.

Constructive possession refers to a situation in which the individual does not have the firearm in a position in which it is already in his or her hand or within ready reach. For instance, if the person has control over the place in which the firearm is located, or if it is concealed, this may be considered constructive possession.

With actual possession, this means that the individual has the firearm in hand, in a container in hand or on the person, or close enough where it can be reached quickly and in control of the person. Actual possession carries with it a minimum of three years in prison in combination with any of the sentences listed above.

Choose a Skilled Fort Lauderdale Criminal Defense Attorney to Protect Your Rights

As with any criminal charge, it is important that you understand your rights and hire someone who knows how to protect them. This is what you will find with our Fort Lauderdale criminal defense lawyers. At Hager & Schwartz, P.A., we are dedicated to guiding our clients through one of the most difficult times in their lives. From the moment you are arrested, you will have someone on your side, working to secure the most favorable outcome on your behalf. With our team on your side, you can have peace of mind knowing your case is in good hands.

Get started today. Contact our firm to better understand your rights and options.

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