Possessing Guns or Ammo as a Convicted Felon in Doral, Florida? You Need an Experienced Lawyer on Your Side

Getting busted with a gun or ammo when you’re a convicted felon is bad news in Florida. Even if you had no ill intentions, the penalties are steep. Mandatory minimums, enhanced sentencing, and additional charges often apply. But experienced criminal defense lawyers know how to mount an aggressive defense to mitigate the damage. This article explains the applicable laws in Doral and surrounding Miami-Dade County, typical penalties, and smart legal strategies to fight the charges.

The Law — It’s Serious Business

Florida statute 790.23 makes it a second-degree felony just to own or have a gun in your possession if you’re a convicted felon. The crime also applies to owning or possessing ammunition. And if you commit any other crime while possessing a firearm or ammo, you face a first-degree felony under FL statute 775.087(1) and minimum mandatory penalties. We’re talking 3 to 30 years in prison for a second-degree felony and up to life imprisonment for a first-degree felony conviction.

What Qualifies as Possession?

You don’t need to be caught red-handed with a gun in your hands to be charged. The definition of “possession” is broad. Prosecutors just need to prove you had “knowing and intentional” possession. So having a firearm locked in your car trunk, at home, or stored anywhere else you control can lead to criminal charges. Even handling a gun for just a minute could mean possession charges.

Self-Defense Won’t Fly

You may think it’s unfair to deny felons the right to possess guns for self-defense. But don’t count on that argument succeeding in court. The FL Supreme Court ruled in State v. McFadden (2016) that the legislature has a right to restrict gun ownership by convicted felons. The US Supreme Court also upheld felon-in-possession laws in D.C. v. Heller (2008).

Sentencing Enhancements Add Up Fast

Prosecutors often stack up sentencing enhancements on top of the illegal possession charge itself. Expect to see charges for possession of a concealed weapon, displaying/using a weapon during commission of a felony, armed trafficking, or possession of a weapon on school property. Mandatory minimums for some of these can be as high as 15 or 25 years.

Don’t Make Matters Worse By Running

Resisting arrest or fleeing police after a firearm possession stop can make the outcome far worse. Not only does it lead to additional charges for resisting/obstruction, it also destroys your credibility with the judge. Accept the arrest gracefully, remain silent, and fight the battle in court.

Your Criminal History Matters

The State Attorney’s office will hit you harder when your past record shows violence, gun charges, or drug trafficking convictions. Sentencing guidelines ratchet up fast when your history defines you as a career criminal. An experienced lawyer can argue against this characterization and seek fair punishment.

House or Car Searches Lead to Charges

Police often uncover guns or ammo during house or vehicle searches for unrelated reasons. They may have been called for a disturbance, acted on a bogus tip, or pulled you over for a routine traffic matter. Never consent to any search. Make them come back with a warrant no matter how harmless the request seems. Exercise your 4th Amendment right against unreasonable searches.

Don’t Talk About Your Case

Discussing your charges with cellmates in jail is a critical mistake. Assume they will snitch everything you say to get sentencing leniency or other favors from the State. Admit nothing about the circumstances of your arrest. Your lawyer needs to control the narrative.

Gun Registration Is Not Required in Florida

Some think registering a gun will protect them from charges of illegal possession. But there is no firearm registry in Florida. The lack of registration cannot be used as a defense. Nor can you argue the gun belonged to someone else. Just being in possession is enough to convict.

Self-Defense Against Police? Forget About It.

Don’t delude yourself into thinking you can wield a gun against police, even if you feel threatened. Florida’s self-defense laws do not authorize use of force against law enforcement acting in an official capacity. Pointing a gun at a cop is an automatic felony with grave consequences.

Sentencing Departures Offer Hope

Rather than relying on weak defenses, smart lawyers negotiate for sentencing departures below state guidelines. Departures reward cooperation, low criminal history points, employment, or family commitments. This is often the best strategy, but it requires an attorney with strong relationships with judges and prosecutors.

Alternative Charges Also Come with Jail Time

As part of plea deals, prosecutors sometimes agree to drop the felony gun/ammo charges in favor of alternative counts. But make no mistake, you will do time. Common substitutes include criminal mischief, drug possession, resisting arrest, or parole violations. The goal is reduced prison exposure compared to a felony conviction.

Beware of Federal Firearm Charges Too

Even if you escape conviction on state charges, the feds can still come after you for violating federal law 18 USC 922(g). The federal sentencing guidelines can be just as harsh. Never think you’re off the hook if the state charges don’t stick.

Plead Down to a Misdemeanor? Maybe, Maybe Not

While prosecutors often compromise, don’t expect to plead down to a misdemeanor on gun/ammo possession charges. The default offer is usually the minimum mandatory sentence. Bargaining chips like cooperation against other defendants or valuable information may help shave time off the minimum. But don’t get your hopes up about avoiding felony convictions and prison time.

Probation? Ha! Don’t Hold Your Breath

Since firearm possession by convicted felons is deemed an inherently dangerous crime, probation is very unlikely. Even first-time offenders usually spend some time in prison. The best you can hope for is a shorter sentence or placement in lower-security facilities. Avoid counting on probation when fighting these charges.

Forget the “I Didn’t Know” Defense

Claiming you didn’t know you had a gun in your possession won’t work either. Prosecutors only need to prove a “knowing” possession of the prohibited item. Factual knowledge that you physically possessed the gun or ammo meets that standard. The reason why you had it doesn’t matter.

Self-Defense Against Threats – Maybe, Under Very Limited Conditions

The odds are overwhelmingly against convicted felons claiming self-defense justification for illegal gun possession. But Florida law does allow it IF: 1) The firearm was obtained to defend against a threat; 2) No other criminal activity was taking place; and 3) You had no other option but to possess a firearm in that moment. An experienced lawyer knows how to argue this defense.

Don’t Represent Yourself – Hire a Lawyer!

Trying to talk your way out of felony charges on your own virtually guarantees failure. Few defendants have the skills to negotiate effectively against seasoned prosecutors. Retaining legal counsel with deep experience in firearm cases is critical. A lawyer knows how to challenge evidence, raise doubts, pursue options and negotiate the best resolution. Don’t go it alone.

Bottom Line – You Need a Strategic Legal Fight

Defending against illegal gun/ammo possession charges in Florida requires fighting smart. Beat the charges at trial, win a motion to suppress, or negotiate the sentence down as low as possible. It means aggressively challenging the prosecution’s portrayal of you as a dangerous felon. Your lawyer must humanize you and show you’re more than your criminal past. Don’t leave the outcome to chance. Hire a dedicated lawyer to stand by your side and mount an aggressive defense.