Boca Raton Possession of a Firearm or Ammo while subject to a Restraining Order Lawyers
Being charged with possession of a firearm or ammunition while under a restraining order can lead to serious legal consequences in Boca Raton and the surrounding areas of South Florida. If you find yourself in this situation, it’s important to understand the law and your options – and to get an experienced criminal defense attorney on your side right away.
Overview of the Law in Florida
Under Florida statute 790.233, it is generally illegal for someone who is subject to a final restraining order to have in their care, custody, possession or control any firearm or ammunition. The restraining order must have been issued after a hearing for which the defendant had proper notice and a chance to participate.
The crime is a first-degree misdemeanor, punishable by up to a year in jail and $1,000 in fines. However, if the defendant has a prior conviction for domestic violence, the crime becomes a third-degree felony with up to five years in prison and $5,000 in fines. The firearm or ammunition is also subject to seizure and forfeiture to law enforcement.
There are a few exceptions – such as if the firearm or ammo is surrendered to law enforcement for the duration of the order. But in most cases, anyone under a restraining order in Florida is prohibited from possessing guns or ammo.
Restraining Order Requirements
For the firearm and ammo possession charge to apply, the restraining order must meet certain requirements:
- It must be a final restraining order issued after a hearing. Temporary ex parte orders don’t count.
- The defendant must have had proper notice of the hearing and a chance to participate.
- The order must restrain the defendant from harassing, stalking, cyberstalking or threatening the protected person. It doesn’t necessarily have to use those exact words, but must have equivalent restraints.
- There needs to be a finding of reasonable cause that the defendant is a threat to the safety of the protected person.
So if a temporary ex parte order was issued, but then dismissed after the injunction hearing – the defendant likely can’t be charged for possessing weapons during the temporary order. The order needs to be finalized and issued after both parties had a chance to be heard in court.
Defenses a Boca Raton Criminal Lawyer Can Raise
If you’ve been charged with violating the firearm and ammo possession provisions of a Florida restraining order, an experienced Boca Raton criminal defense lawyer can evaluate the specifics of your case and raise any possible defenses. For example:
- The order wasn’t really final – As mentioned above, temporary ex parte orders don’t count. If the final hearing was postponed or the order got dismissed, you may not have been prohibited after all.
- You didn’t get proper notice – Prosecutors have to prove you had adequate notice of the injunction hearing and a chance to participate. If you weren’t properly served or notified, that could be a defense.
- The order didn’t restrain you – Simply being involved in a case isn’t enough. The order has to specifically restrain you from harassing, threatening, etc. If it only protects the other party without directing you to refrain from anything, you may not have been prohibited from having weapons.
- No finding of threat to safety – The judge has to make a specific finding that you pose a threat. If that didn’t happen, there may not have been a valid prohibition against you having guns and ammo.
- You turned over the weapons – The statute makes an exception if the firearms and ammo are surrendered to law enforcement for the duration of the order. So if you gave your guns to the police once the order was issued, you should have a defense.
- The violation wasn’t willful – These charges typically require prosecutors to prove you knew about the order and intentionally violated it. If you didn’t know about the order or restrictions, didn’t understand the terms, or accidentally violated it, you may not have criminal intent.
Sentencing Possibilities and Consequences
The potential penalties if convicted of possessing firearms or ammo under a Florida restraining order include:
- Up to 1 year in jail if it’s a first offense misdemeanor
- Up to 5 years in prison if you have a prior domestic violence conviction that enhances it to a felony
- Fines of up to $1,000 for a misdemeanor or $5,000 for a felony
- Forfeiture of the firearm or ammunition to law enforcement
- Probation for up to 5 years with strict conditions
- Permanent criminal record impacting jobs, housing, loans, and more
- Potential immigration consequences for non-citizens including deportation
- Loss of voting and gun rights – Florida law prohibits firearms possession by convicted felons
So defending against the charges and avoiding conviction is extremely important. An experienced lawyer can often negotiate reduced charges or diversion programs resulting in dismissed charges. This avoids the life-long consequences of a criminal record.
Finding an Aggressive Boca Raton Criminal Defense Lawyer
Facing criminal charges for violating a restraining order by possessing weapons is scary. Your freedom, rights, and future are on the line. The costs and risks are too high not to have an experienced lawyer fighting for you.
Look for an attorney with extensive experience in Florida restraining order and domestic violence cases. Understand the specific judges, prosecutors and processes in Palm Beach County and the Boca Raton courts. Know how to analyze the restraining order and use technical deficiencies to your advantage. Be ready to raise valid defenses and negotiate firmly with prosecutors.
Don’t take chances with your criminal record and future. Work with an aggressive lawyer who knows how to effectively fight restraining order violation charges in Boca Raton. Schedule a free case evaluation and start crafting your defense today.