Fort Lauderdale Firearm or Ammo Possession by Convicted Felon Lawyers

Possession of a firearm or ammunition by a convicted felon is a serious criminal offense in Florida that carries steep penalties. If you have a prior felony conviction and have been charged with unlawful possession of a firearm or ammo in Fort Lauderdale, it is critical that you retain an experienced criminal defense attorney to protect your rights.

Common Defenses in Felon in Possession Cases

Although a prior felony conviction seems to make the possession charge an open-and-shut case, experienced Fort Lauderdale firearm lawyers can often get charges reduced or dismissed by raising legal and evidentiary defenses such as:

• You did not knowingly possess the firearm or ammo – If the weapon was left in your house or car by someone else without your knowledge, then you may not have intentionally and knowingly possessed it. Your lawyer can argue there was no criminal intent.
• The weapon was not physically on your person – Actual possession requires that you had direct physical control over the firearm. If it was merely located somewhere in your home, vehicle or business premises, your attorney can argue you did not have actual possession.
• You have been pardoned or had civil rights restored – If your felony conviction has been expunged or sealed, or if you received a pardon or had your civil rights restored, then the felon-in-possession law may no longer apply to you. An attorney can petition the court on your behalf.
• The police violated your rights – If the police conducted an illegal search or seizure to obtain the firearm, your lawyer can file a motion to suppress the evidence due to constitutional violations. This may result in the charges being dismissed.
• You used the firearm in self-defense – There is a defense under Florida law if you only possessed the weapon briefly in order to defend yourself or others against the imminent use of unlawful force. An attorney can argue your actions were legally justified.

Sentencing Considerations if Convicted

If you end up convicted on the felon-in-possession charge, an experienced criminal defense lawyer can advocate for the lightest possible sentence under the circumstances. Factors that may help reduce your penalty include:

• No history of violence or gun crimes
• Non-violent nature of your prior felony conviction
• Possession of the firearm was brief and unintentional
• You have completed probation/parole for prior conviction
• You need to care for children or other family members
• You have employment, education, or ties to the community
• Mental health or substance abuse issues contributed to the offense

In some cases, it may be possible for your attorney to negotiate with the prosecution to reduce the charges to a misdemeanor offense with lighter penalties. This outcome is more likely if it is your first offense and there are mitigating factors.