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854 Coe & Coe, Pensacola, for appellant. Some of the more common defenses include the following: - You did not possess the firearm. When it comes to possession of a firearm by a convicted felon, it is important to understand the difference between actual and constructive possession. If you were convicted of a felony and found in possession or control of a weapon, you could face a charge for felon in possession of a firearm in Florida.
Depending on the facts of your Jacksonville Florida Possession of a Firearm by a Convicted Felon Case, the prosecutor may not be able to do this. Under some circumstances, it is possible for a convicted felon to apply to get their firearm authority restored. Speak with a criminal defense attorney in Florida to make sure you're on the right side of the law. In other words, you are prohibited from carrying a firearm if you were found by a judge in juvenile court to have committed a delinquent act that would be a felony if committed by an adult and you are under 24 years of age.
23, it is illegal for anyone to own or possess any firearm, ammunition, electric weapon, tear gas gun, or any other chemical weapon, if that person has been: As stated by Fla. 23, possession of a weapon is a second degree felony which is punishable by up to 15 years in prison and/or up to a $10, 000 fine. Being charged with illegal possession of a gun does not mean you have been found guilty of a crime. Uses his assertive negotiating skills to reach a reasonable outcome to your felon in possession charge in Florida so that you can move on with your life without adding another check mark to your criminal record. Fines of up to $10, 000 can also be.. term "gun possession" may seem like a pretty straightforward one. In the state of Florida, weapons charges can result in serious legal consequences including jail time, fines, and a permanent criminal record. For instance, if you have a felony conviction and are in a home where there is a firearm present, you may be charged with felon in possession.
This law applies to those who have been: - convicted of a felony in a Florida court. Constructive possession occurs if the firearm was in a place in which the alleged offender had dominion and control. What is considered a "weapon? If you have been charged with possession of a weapon by a felon in Fernandina, St. Augustine, Jacksonville, Atlantic Beach, Keystone Heights, or the surrounding areas, contact Roelke Law. The person on probation cannot be in a house with a gun in it, at minimum it's called constructive possession, which is a probation violation that may cause incarceration. As mentioned above, being a felon in possession of a firearm is codified in Florida Statute 790. Federal crimes are treated more harshly than state charges. Sarasota weapons lawyer Erika Valcarcel understands the turmoil that can arise from such accusations. Under Florida law, this is a felony charge that will bring on a three-year minimum prison sentence and up to 15 years upon conviction. On this website, you can search for rights already restored, print certificates, and download an application and instructions for Restoration of Civil Rights or Firearm Authority.
It is imperative that you consult with an experienced Duval County weapon charges attorney, who can ensure that you are making informed legal decisions. These types of cases are taken seriously by law enforcement in West Palm Beach and will be prosecuted aggressively. See Bostic v. State. Under federal legislation, a felon is a person who has been convicted in any court for a crime punishable by more than one year of imprisonment. Unfortunately, many defendants have faced charges while unknowingly or accidentally possessing a firearm. If this has happened to you, Rahul Parikh can help prove that the evidence in your case was illegally obtained and could be grounds for the dismissal of your case. 23 may result in a sentence of life imprisonment under Florida's 10-20-Life to a Gun Crime Lawyer in the Tampa Area. Possession of a firearm by a convicted felon is a severe offense that is punishable by incarceration and hefty fines. This type of possession occurs when the firearm, ammunition, or electric weapon or device is under two or more individuals' shared control. If the accused is found to be in actual possession of a firearm they are subject to Florida's 10-20-Life law which requires the court to impose a three-year minimum mandatory sentence up to 15 years in Florida State.... best colt 1860 army reproduction A convicted felon may be found guilty of "constructive possession" of a firearm if they knew that a firearm was in a home or residence and they could maintain control of the gun. While the maximum penalties are the same regardless of whether the possession is constructive or actual, the mandatory minimum prison sentence is three years in prison and this consequence.. charged with possession of a firearm as a convicted felon is, in the eyes of Florida courts, an extremely serious crime. Under the Florida statute that governs possession of a firearm by a convicted felon, the term "convicted" is defined as a judgment entered in a criminal proceeding by a court pronouncing the accused guilty. Our attorneys at Goldman Wetzel have handled numerous firearm cases for convicted felons — with positive outcomes.
Joint Possession — A firearm, ammunition, or electric weapon or device was under the control of two or more people, each of whom are considered to be in possession. What is actual possession? Supreme Court of Florida. In Florida, there are two types of possession: actual and constructive. Can two felons live together in Florida? · You possessed (through actual or constructive possession) a specific substance; · That substance was.. Laws.
This can be difficult to do, but lawyer Rahul Parikh will work to get your gun rights restored and expedite this often lengthy process. Defendant has appealed, contending that, under § 12 and § 20, Declaration of Rights, Constitution of Florida, F. and the Fourteenth Amendment, Constitution of the United States, the Legislature may not "single out persons who have been convicted of crime and create of them a special class who shall be deprived of constitutionally protected rights unrelated to their punishment. An arrest, indictment, or investigation may be frightening and unsettling, but it does not always result in a conviction. After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. 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 one year and such person is under 24 years of age. Constructive possession, on the other hand, involves the weapon being near, but not on the individual. For example, if you are riding in a nting with a felony conviction.