Boca Raton Firearm or Ammo Possession by Convicted Felon Lawyers
Being charged with possession of a firearm or ammunition as a convicted felon in Boca Raton can lead to serious consequences like steep fines and years in prison. Having an experienced criminal defense lawyer on your side is crucial for mounting the strongest defense possible against these allegations. This article provides an overview of firearm and ammo possession laws for convicted felons in Boca Raton, potential defenses, and how a knowledgeable lawyer can help.
Overview of Relevant Laws in Boca Raton
Florida law prohibits convicted felons from owning or possessing firearms, ammunition, electric weapons, or concealed weapons. Specifically, it is illegal under Fla. Stat. Section 790.23 for a convicted felon to have “care, custody, possession or control” of any of these items. Violating this law carries penalties of up to 15 years in prison and fines up to $10,000. Prosecutors tend to pursue these types of charges aggressively.Boca Raton follows federal, state and local laws regarding convicted felons and firearms/ammo. So in addition to the state prohibition, federal law also bars felons from possessing guns or ammo under 18 U.S.C. § 922(g)(1) . The city of Boca Raton has its own laws prohibiting convicted felons from owning dangerous weapons as well.With overlapping federal, state and local laws, it is critical to have an attorney well-versed in all the relevant statutes when facing charges for unlawful firearm/ammo possession. The lawyers at Rossen Law Firm, for example, regularly handle these types of cases in Boca Raton and understand the applicable laws inside and out.
Gathering Evidence and Building a Defense
The prosecution generally has the burden to prove “knowing” possession of guns, ammo or other weapons beyond a reasonable doubt. But police and investigators typically work hard to collect solid evidence when a felon is suspected of unlawful possession.
If you have been arrested and charged, potential evidence could include:
- Weapons or ammo found at your home or in your car
- Statements you made upon arrest
- Witness testimony alleging you possessed firearms or ammo
- Security footage
An experienced Boca Raton defense lawyer will thoroughly examine all the evidence and look for holes in the prosecution’s case. For example, if a weapon was found in your home but you had roommates, arguing it belonged to someone else may create reasonable doubt. Your lawyer may also challenge whether you in fact had “knowing” possession as required by law.
In addition, an attorney can argue procedural problems with how evidence was collected or statements obtained by police. Any legal violations by law enforcement may result in evidence being excluded, which could cripple the prosecution’s case against you.
Why Hire a Boca Raton Firearms Defense Lawyer?
Trying to navigate Florida’s complex web of federal, state and local gun laws on your own can be extremely difficult, especially as a convicted felon. The lawyers at Petkovich Law Firm, for example, focus exclusively on defending those accused of weapons charges. They understand how to build a strong defense by finding issues with the prosecution’s legal theories, evidence collection, witness credibility and more.
In addition, an experienced lawyer knows how to negotiate effectively with prosecutors, arguing to get charges reduced or dismissed through pre-trial intervention programs. This can help clients avoid lengthy prison sentences if convicted at trial. Boca Raton defense attorneys like David Olson Law have proven track records getting positive outcomes for clients facing felony firearm possession charges.
Having a knowledgeable lawyer in your corner can also help ensure police and investigators follow proper protocols when questioning you or gathering evidence. Any legal violations could lead to favorable plea deals or dismissed charges.
Potential Defenses in Unlawful Possession Cases
While unlawful firearm possession cases may seem straightforward to prosecutors at first glance, there are often good defenses available. Common defenses in these cases include:
Lack of “Knowing” Possession
As mentioned above, the prosecution must prove you knowingly possessed the weapon or ammo as a convicted felon. But if the item was found in a shared space like a car or apartment, arguing it belonged to someone else could make it difficult to prove knowing possession.
Improper Police Conduct
If evidence was obtained illegally by police – such as through an unlawful search or coercive questioning without reading your Miranda rights – an attorney can often get such evidence thrown out. This may completely sink the prosecution’s case against you.
Statute of Limitations Expired
For certain weapons possession crimes, prosecutors only have a certain window of time to file charges against you. If that statute of limitations has expired by the time you are arrested, the case should get dismissed.
You Have Been Pardoned or Rights Restored
If your civil rights related to gun ownership have been restored through a pardon or other legal process after a prior felony, then possession may no longer be considered illegal.This is not an exhaustive list, but these examples illustrate common defenses used to fight unlawful weapon/ammo possession charges in Boca Raton. A resourceful defense lawyer will look at every angle to attack the prosecution’s accusations against you.
Finding the Right Boca Raton Criminal Defense Lawyer for You
If you or a loved one has been arrested for allegedly possessing firearms or ammunition illegally as a convicted felon, it is critical to speak with a defense lawyer right away. In Boca Raton, law firms like Rossen Law Firm and Petkovich Law Firm have extensive experience representing clients facing these charges.
The right lawyer for you will not only understand the nuances of Florida gun laws, but also have a proven ability to build persuasive defenses on behalf of clients. They will thoroughly analyze the evidence against you, identify any police misconduct or procedural problems, and craft compelling arguments for getting charges reduced or dismissed altogether.
An experienced criminal defense attorney can make all the difference in avoiding harsh penalties like lengthy prison sentences if convicted at trial. So do not delay in finding a trusted lawyer to represent your interests against unlawful firearm or ammo possession allegations. The sooner you engage strong legal counsel, the better positioned you will be to protect your future.