Possession of a Firearm by a Convicted Felon Tampa Firearm Possession by a Felon Attorney

If you have been charged with the criminal felony offenses of being in possession of a firearm, ammunition, or weapon as a convicted felon, contact an experienced criminal attorney to discuss your pending charges in Hillsborough County, Polk County, Pasco County, or Pinellas County, Florida. Firearm and weapons charges are serious offenses under Florida law, and may be subject to certain minimum mandatory sentences without the right defense. Call 813-250-0500 to speak with an attorney today.

Possession of a firearm, ammunition, or an electronic device or weapon after being "convicted" of any felony offense is a crime under both federal law and the criminal laws of the State of Florida. Under Florida Statute Section 790.23, the prosecutor can attempt to prove that you possessed a firearm, ammunition or an electric device or weapon either through actual possession or constructive possession. Actual possession means that the firearm was found on your person, while constructive possession can be proven under certain circumstances when the firearm is found in your house or vehicle. Additionally, Section 790.23 makes it a crime for a felon to possess a concealed weapon, which would include any tear gas gun or chemical weapon. It is not illegal to possess a firearm under Florida law if your civil rights and firearm authority was restored.

The charge of felony possession of a firearm is a third degree felony punishable by up to five (5) years in Florida State Prison. Additionally, if the prosecutor can prove "actual possession" then the offense carries with it a three (3) year minimum mandatory prison sentence. Under the laws of Florida, you are considered a "convicted felon" if you have ever been convicted of any felony offense in the State of Florida, or any offense outside of the State of Florida that carries a possible sentence of more than one year in prison. Additionally, if you were adjudicated delinquent as a juvenile for any offense that would have been a felony if you had been charged as an adult, then you may not legally possess a firearm.

Under federal law, the government has an added burden of showing that the firearm was transported over state lines at any time prior to the possession, regardless of whether you knew the firearm had ever been transported across state lines. In many ways, federal provisions are more broad because federal law would define a felony conviction to include even a case in which an individual entered a plea to a felony in Florida, but the trial court "withheld adjudication."

Pursuant to Florida Statute Section 790.23, it is a crime for a felon to carry a concealed weapon or possess a firearm, ammunition, or electric weapon or device. In order to prove the charge at trial, the prosecutor for the State of Florida must prove the following elements beyond all reasonable doubt:

1. The defendant has previously been convicted of a felony;
2. After the felony conviction the defendant knowingly owed or had in his control, custody, possession or care a firearm, ammunition, or an electric device, or the defendant knowingly carried a concealed weapon.

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. A "deadly weapon" is defined under Florid law as a weapon likely to cause death or great bodily injury. "Custody" and "care" are defined as the immediate control or charge exercised by a person over the named object.

The term possession is defined as having personal charge of or exercising the right of control, ownership or management of the object. Possession may be constructive or actual. Constructive possession means the object is in a place over which the defendant has control, or in which the defendant has concealed it. Actual possession is defined an object being in the hand of or on the person, the object is in a container in the hand of or on the person, or the object is so close as to be within ready reach and is under the control of the person.

Florida jury instructions provide that the mere proximity to an object is not sufficient to establish control over the object when the object is not in a place over which the person has control. If an object is in a place over which the defendant does not have control, then the State can establish constructive possession by proving that the defendant has knowledge that the object was within the defendant's presence, and that the defendant has control over the object.

Florida law also provides that possession may be joint. Joint possession means that two or more persons may jointly possess an object, exercising control over it. In that case, each of those persons is considered to be in possession of that object.If a person has exclusive possession of an object, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of an object, knowledge of its presence may not be inferred or assumed.

If you have been charged with any kind of firearm, gun or weapon charge, including possession of a firearm by a convicted felon, in Hillsborough County, Pinellas County, Pasco County, or Polk County, Florida, then contact an experienced criminal defense attorney to discuss your case today. Call the Sammis Law Firm at 813-250-0500 for a free case evaluation.