Possession of Weapon by a Felon
Possession of a weapon is a serious offense for an individual who has a previous felony conviction. This charge carries the possibility of significant fines and jail time, and there are other penalty enhancements under Florida law that can drastically affect sentences.
The strict legal penalties for possession of a weapon by a felon cannot be overlooked. The state takes these offenses very seriously and will look to impose the maximum punishment in most cases.
Brooksville Possession of Weapon by a Felon Lawyer
If you are facing possession of a weapon by a felon charge, you should immediately speak to an attorney who understands the severity of the offense and is capable of building proven defenses. The Law Office of Ashley Aulls, P.A. represents clients accused of gun and weapon charges in Brooksville, New Port Richey, Dade City, Port Richey, Hudson, and other areas.
You can contact Ashley Aulls at (352) 593-4115 or send a message online to set up a consultation that will let our criminal defense lawyer review your case and help you understand your legal options. He can develop a defense that may help get the charges you face significantly reduced or dismissed altogether.
Hernando County Possession of Weapon by a Felon in Florida Overview
- Defining Possession of Weapon by a Felon in Florida
- Florida Penalties for Possession of a Weapon by a Felon
- Florida Penalty Enhancements for Possession of a Weapon by a Felon
- Possible Defenses to Possession of Weapon by a Felon in Florida
In many states, a person convicted of a felony will lose certain rights. In Florida, one of those rights you lose is the right to carry a firearm. A felon found with possession of a weapon can face severe charges including, time behind bars.
A critical aspect of weapon possession charges is the type of possession the prosecution is alleging. There are two classifications of weapon possession:
- Actual possession — A weapon or ammunition is found on your person (in your hand, in your pocket, etc.)
- Constructive possession — A weapon or ammunition is not found on your person, but is in a place over which you had control or a place in which you concealed it.
Florida Statute § 790.23 makes it unlawful for you to own or to have in your possession any firearm, ammunition, or another violent weapon if you were previously convicted of a felony in a state court. It also prohibits firearm, ammunition, and other violent weapon possession or ownership if:
- You were found in a Florida court to have committed a delinquent act under 24 years of age that would have been a felony if committed by an adult
- You were found to have committed a delinquent under 24 years of age in another state that would have been a felony if committed by an adult and was punishable by imprisonment for a term exceeding one year
- You were convicted of or found to have committed a felony crime against the United States
- You were 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 one year
Possession of a weapon by a felon in Florida is a felony offense, and individuals face mandatory minimum sentences of three years in prison. The felony classification depends on the specific violations involved:
- Second-degree felony — Applies to most violations of Florida Statute § 790.23. Offenders may be sentenced to a maximum of 15 years in prison and/or $10,000 in fines.
- First-degree felony — Applies to enhanced violations of Florida Statute § 790.23 that include gang-related offenses as defined under Florida Statute § 874.04. Offenders may be sentenced to a maximum of 30 years in prison and/or $10,000 in fines.
There are several different penalty enhancements for repeat offenders in Florida that can dramatically impact the sentences you face for possession of a weapon by a felon charge. These may include extended or mandatory minimum sentence under the following statutes:
- Florida Statute § 775.087 — This statute contains penalties under (2)(a) (also known as the “10-20-Life Law”) for individuals who commit felony crimes with firearms or violent weapons. If you possess or pull a gun during the commission of a felony, this law mandates a minimum 10-year prison term. If your gun is discharged during the commission of a felony, the law mandates a minimum 20-year prison term. If your gun is discharged and results in death or great bodily harm to another individual, the law mandates a minimum of 25 years and a maximum of life in prison.
- Florida Statute § 775.084 — This statute contains various penalties for Habitual Felony Offenders under (1)(a), Habitual Violent Felony Offenders under (1)(b), Three-Time Violent Felony Offenders under (1)(c) (also known as the “Florida Three Strikes Law”), or Violent Career Criminals under (1)(d).
- Florida Statute § 775.082 — This statute contains mandatory minimum sentencing requirements if you are a Prison Releasee Reoffender (PRR).
While possession of a weapon by felon charges is very difficult to overcome, there are successful defenses to these allegations. Some of these defense includes, but are not limited to:
- Your Firearm Authority was approved through the Restoration of Civil Rights (RCR) process
- Illegal search and seizure of the weapon
- Insufficient evidence you were in possession of a weapon
- You were not in knowing possession of the weapon
- You possessed the weapon in self-defense to immediate harm, like taking the weapon from an individual attempting to use it against you or commit a different crime
Find the Best Possession of Weapon by a Felon Lawyer in Brooksville
It is extremely important for you to work with an experienced criminal defense attorney if you have been charged with possession of a weapon by a felon. The Law Office of Ashley Aulls, P.A. represents clients from areas like Hernando County, Citrus County, Sumter County, and Pasco County.
Call The Law Office of Ashley Aulls, P.A. at (352) 593-4115 or send an online contact form to set up a consultation. He will develop a legal strategy that works toward helping you achieve the most favorable outcome possible to your case.