Miami Firearm or Ammo Possession by Convicted Felon Lawyers
Being convicted of a felony in Florida can result in losing your right to legally possess firearms or ammunition. If you are caught in possession of a gun or ammo after a felony conviction, you could face serious criminal charges. That’s why it’s crucial to understand Florida’s laws around firearm and ammo possession for convicted felons, and know your legal options if you end up facing charges.
Florida’s Laws on Firearm and Ammo Possession by Felons
Under Florida statute 790.23, it is illegal for convicted felons to own or be in actual or constructive possession of a firearm in Florida. This statute defines a “convicted felon” as someone who has been convicted of a felony under state or federal law, including felony probation. The prohibition on firearm possession applies even if your civil rights have been restored after completing a felony sentence.The law also bars possession of ammunition by convicted felons. So having bullets or shells – even without an actual firearm – can still lead to criminal charges if you have a prior felony.These laws are strict liability statutes, meaning prosecutors don’t have to prove you intended to break the law. Just being a felon in possession of a gun or ammo is enough. The only defense is that you didn’t knowingly possess the firearm or ammunition.The penalties for convicted felons possessing firearms or ammo are harsh:
- For possession of a firearm, it’s a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.
- For possession of ammunition, it’s a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
So if you have a prior felony conviction, you must be extremely cautious about avoiding any firearms or ammunition to stay on the right side of the law. Otherwise, a simple slip-up could lead to serious consequences.
Challenging Firearm or Ammo Possession Charges
If you do wind up facing charges for unlawful possession of a firearm or ammunition as a convicted felon, it’s essential to work with an experienced criminal defense attorney. An attorney can evaluate the specifics of your case and build strategic defenses.Here are some potential defenses a lawyer may use:
- Lack of knowledge – As mentioned, the only defense to firearm/ammo possession charges is that you didn’t knowingly possess the item. Your lawyer may argue you were unaware the firearm or ammo was present. Or if it was in your home/car, that someone else placed it there without your knowledge.
- Invalid predicate conviction – If your prior felony conviction was improper or unconstitutional in some way, your lawyer may fight to get it thrown out. This would remove the predicate offense for a felon-in-possession charge.
- Actual innocence – In rare cases, your attorney may argue the firearm/ammo doesn’t actually belong to you, and police arrested the wrong person. This is a heavy lift, but could work if there’s strong evidence of misidentification.
- Illegal search – If police obtained evidence through an unconstitutional search, your lawyer can file a motion to suppress the evidence. This may get the charges dismissed if the search violated your Fourth Amendment rights.
- Entrapment – It’s possible to argue you were entrapped into purchasing or possessing the firearm or ammunition by an overzealous law enforcement operation. But entrapment defenses are difficult to prove.
- Necessity – In extraordinary circumstances, you may have needed the firearm/ammo for a lawful purpose such as self-defense. But this defense rarely succeeds.
If these options all fail, your attorney will likely try negotiating with the prosecution for reduced charges or a lenient sentence. But you’ll have much stronger odds fighting the charges outright rather than hoping for a plea deal.An experienced lawyer will know which defenses are viable and worth pursuing for your specific situation. Don’t go it alone if you’re facing felony firearm or ammo possession charges.
Finding the Right Lawyer for Your Case
If you or a loved one is charged with illegal firearm/ammo possession in Miami-Dade County, it’s critical to have an attorney who knows Florida’s laws and regularly handles these types of cases. When searching for legal representation, look for these important qualifications:
- Local experience – Find a lawyer who practices specifically in your jurisdiction, like Miami-Dade, to understand local prosecutors and judges.
- Felony record – Opt for an attorney with extensive experience defending felony charges, not just gun crimes. Check their case results.
- Firearm expertise – Choose a lawyer who regularly deals with firearm possession cases and knows the nuances of the laws.
- Negotiation skills – If plea bargaining becomes necessary, your lawyer should have a proven record of getting favorable deals.
- Trial experience – In case negotiations fail, your attorney needs to be prepared and qualified to take your case to trial.
- Reputation – Select a lawyer with a solid professional reputation, ethical standards and good standing with the state bar association.
- Personality fit – Make sure you choose an attorney you feel comfortable communicating with openly so they can build the best defense.
Don’t leave your future in the hands of just any lawyer. Do your research to find the most qualified attorney to fight your unlawful possession charges in Miami.
What to Expect After Being Charged
If you’ve been arrested for unlawful firearm/ammo possession, here’s a quick rundown of what to expect next:
- You’ll be booked, photographed and fingerprinted at the police station. Police may interrogate you, so avoid answering questions without your lawyer.
- Within 24 hours, you’ll go before a judge who will consider bail. With a felony charge, you may be denied bail entirely until trial.
- The prosecutor’s office will file formal charges against you, starting the criminal case. Charges may be adjusted later through plea negotiations.
- Your lawyer will advise you on next steps, such as entering a plea at your arraignment. Not guilty is generally recommended initially.
- Your attorney will request evidence from prosecutors through the discovery process and start building your defense strategy.
- Over many months, you’ll make multiple court appearances as your case proceeds through the justice system. Don’t miss any hearings or meetings with your lawyer.
- Your lawyer may negotiate deals with the prosecution, or take your case all the way through trial if you choose not to plead guilty.
- If convicted, you’ll face sentencing based on statutes and sentencing guidelines. Your lawyer can argue for leniency.
Having an experienced attorney to guide you through this complex process is invaluable. Never go through a felony case alone.
Conclusion
Florida’s laws imposing harsh penalties on convicted felons who possess firearms or ammunition are unforgiving. If you’re facing charges for unlawful possession as a felon, understanding your options and legal rights is critical. An experienced local lawyer can evaluate your case specifics, build strong defenses, and negotiate for the best possible outcome. Don’t leave your future to chance – get experienced legal representation right away.