The Kaigle Law Firm Arrested? Contact Us Now!

Contact Us Now For Free Consultation!

Fields marked with * are required


In Florida, Possession of a Firearm by a Convicted Felon is defined as the possession of a firearm, ammunition, or electric weapon or device by a person who has been previously convicted of a felony.
 
The term “possession” is very important when it comes to a Florida Possession of a Firearm by a Convicted Felon charge as the penalties are much harsher depending on the “type” of possession the person is in.

Penalties for a Possession of Firearm by Convicted Felon Charge

Florida Possession of a Firearm by a Convicted Felon is classified as a second degree felony punishable by up to:
  1. Fifteen years in prison;
  2. Fifteen years of supervised probation;
  3. A $10,000 fine
Again, while the maximum penalties are the same regardless of whether the possession is actual or constructive, the minimum mandatory prison sentence for someone to be in actual possession is three years in prison.

What Constitutes "Possession" in Florida?

The term “possession” is very important when it comes to a Florida Possession of a Firearm by a Convicted Felon charge as the penalties are much harsher depending on the “type” of possession the person is in.

Actual Possession
Actual possession could be established when the firearm or ammunition is physically found on your person (i.e., in your pocket, in your hand, in a bag or pack attached to you, etc.). Actual possession tends to be pretty straightforward and is often times very difficult to refute. If you are a convicted felon and found to be in actual possession of a firearm or ammunition, you will be facing a minimum mandatory sentence of three years in prison.

Constructive Possession
Constructive possession is when the firearm or ammunition is not physically found on your person but is close enough to you so that it can be reasonably assumed that you knew the firearm or ammunition was present and hand the ability to exercise dominion and control over it. If you are a convicted felon and found to be in constructive possession of a firearm or ammunition, you will be facing prison time but will not be faced with any minimum mandatory prison sentence.

Defenses to a Possession of Firearm by Convicted Felon Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Possession of Firearm by Convicted Felon charge in Florida include:

You previously had your civil rights restored
Florida law carves out a specific exception for those who, having been previously convicted of a felony, have since had their civil rights restored. It is important to remember that you must have had your right to possess a firearm and/or ammunition restored in order for this defense to apply to you.

Possession cannot be proven
While actual Possession of a Firearm by a Convicted Felon cases tend to be fairly straightforward as it may be hard to argue that the firearm/ammunition was not yours and that you were not in possession of it if it was found in your hand or in your pocket, constructive possession cases, on the other hand, tend to be rather difficult for the State to prove.
 
A classic example of this is when police find the firearm or ammunition in a car or house. Any number of factual situations may make it extremely difficult for the State to prove the Possession of Firearm charge against you. In such situations, details matter!
 
Details such as whether or not the car or residence belongs to you, whether or not there were other people in the car or residence, whether or not other people had access to the car or residence, or whether or not other people had been using the car or residence prior to you are all very important factors that need to be addressed.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Possession of Firearm by Convicted Felon in Florida!
(407) 545-6416