Possession of Weapon by a Felon
Any criminal charge involving possession or a firearm or other weapon is serious, but the level becomes even more severe in Florida if the alleged offender is a convicted felon. Individuals with felony convictions who are convicted of firearm or weapon possession face significant fines and jail time.
It is important to understand many penalties still apply for this charge even if the firearm or weapon was not used in a crime nor was anybody injured by it. Despite the overwhelming nature of the offense, it may be possible to challenge numerous aspects of the prosecution’s case against you.
West Palm Beach Possession of Weapon by a Felon Lawyer
If you are a convicted felon who has been charged with possession of a firearm or other weapon, you need to immediately contact an experienced criminal defense attorney. Andrew D. Stine, P.A. helps clients facing criminal charges in West Palm Beach as well as Belle Glade, Boynton Beach, Pahokee, Boca Raton, Lake Worth, and Delray Beach.
Andrew Stine fights to protect the rights of individuals throughout Palm Beach County charged with criminal offenses. Call 561.880.4300 right now to have him provide an honest and thorough evaluation of your case during a free consultation.
Palm Beach County Possession of Weapon by a Felon Overview
- Who might face these charges?
- How is actual possession different from constructive possession?
- What are the consequences of being convicted for this crime?
- Are there any defenses to these charges?
Under Florida Statute § 790.23, it is illegal for individuals to own or to have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device if they have been:
- Convicted of a felony in Florida courts
- Found in Florida courts to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age
- Convicted of or found to have committed a crime against the United States that is designated as a felony
- Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age
- Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year
A very important aspect of any case involving these charges is whether the alleged offender had “actual possession” or “constructive possession” of the firearm or other weapon.:
- Actual possession — A firearm or weapon is found in on your person (in your hand, in your pocket, etc.) or close enough to be within reach and therefore under your control.
- Constructive possession — A firearm or weapon is found in a place over which you had control or in which you concealed it.
A conviction involving actual possession can result in a mandatory minimum three-year prison sentence.
Possession of a firearm, ammunition, concealed weapon, or electric weapon or device is a third-degree felony under Florida law. If convicted of this offense, an individual faces any combination of the following punishments:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to $10,000 in fines
However, it is important to note that there are other conditions that may trigger penalty enhancements in certain cases:
- Florida Statute § 874.04 — Defines gang-related offenses that enhance violations of Florida Statute § 790.23. Can result in first-degree felony offense, punishable by up to 30 years in prison and/or $10,000 in fines.
- Florida Statute § 775.087 — Also known as the “10-20-Life Law,” applies to felony crimes committed with firearms or violent weapons. Possessing or pulling a gun during the commission of a felony mandates a minimum 10-year prison term. Discharging a gun during the commission of a felony mandates a minimum 20-year prison term. Discharging a gun that results in the death or great bodily harm of another individual mandates a minimum of 25 years and a maximum of life in prison.
Additionally, there are other possible mandatory minimum sentencing requirements for individuals who are classified as Habitual Felony Offenders, Habitual Violent Felony Offenders, Three-Time Violent Felony Offenders, Violent Career Criminals, or Prison Releasee Reoffenders.
The facts surrounding every weapon possession case are unique, but some of the successful defenses to these types of charges include, but are not limited to:
- Civil Rights and Firearm Authority restored through Florida Commission on Offender Review
- Firearm or weapon was only possessed for justified self-defense purposes
- Inadequate evidence of firearm or weapon possession
- Police misconduct, such as illegal search and seizure
Find the Best Possession of Weapon by a Felon Lawyer in West Palm Beach
You should not delay in seeking legal representation if you are a convicted felon who has been charged with possession of a firearm or other weapon. Andrew D. Stine, P.A. represents clients throughout Palm Beach County, including Tequesta, Palm Springs, Wellington, Royal Palm Beach, Jupiter, Lantana, North Palm Beach, and Lake Park.
Andrew Stine offers a free, confidential consultation to discuss your case. Call 561.880.4300 today to let Andrew D. Stine, P.A. begin building the most formidable defense possible.