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Felon in Possession of Firearm

Tenacious Gun Crime Attorney Fighting for Clearwater Defendants

One of the consequences of a felony conviction is the loss of certain civil rights and liberties, including the right to possess a firearm. Under Florida law, people who have been convicted of a felony and who are later caught with a weapon face substantial penalties, even if they are not found guilty of a separate crime. If you have been arrested for the criminal offense of being a felon in possession of a firearm or believe that you may be under investigation for this or another offense, now is the time to talk to an attorney. It is very important that you speak with counsel before talking to the police. Trying to “talk your way out” of an arrest is extremely risky and rarely works out as you hope it will. Experienced Clearwater gun crime lawyer Will Hanlon at Hanlon Law can help you understand what the State must prove to convict you and can help you explore possible defenses that you may be able to use to defeat or reduce the charges against you.

Florida Statutes § 790.23 states that it is unlawful for a person who has been convicted of a felony to own or have the “care, custody, possession, or control” of a firearm. The felony conviction does not need to have taken place in a Florida court; a felony conviction in another state or in the federal court system also places a defendant within the purview of the statute. A finding of delinquency can also trigger the application of the statute in some circumstances.

What Does it Mean to be a Felon in Possession of a Firearm?

To be prosecuted as a felon in possession of a firearm, the defendant does not need to have been in actual physical possession of a particular type of gun. The statute outlaws not only possession but also control or custody of “firearms, ammunition, or electric weapons or devices.” (This includes tear gas guns and chemical weapons or devices.) Thus, not only can someone who is caught with a firearm on their body or within reach be found guilty of the offense, but also someone who merely had the ability to control the weapon may be convicted.

Fortunately, there are some possible defenses to a charge of possession of a firearm by a felon in Florida. First, if the defendant’s civil rights and authority to possess a firearm have been restored, they cannot be convicted under § 790.23. Likewise, if the defendant’s prior criminal record has been expunged, there can be no conviction under this section. However, other charges, including those related to Florida’s 10-20-Life Statute, could still apply if the defendant committed a separate crime while in possession of a firearm. Even if none of the statutory defenses apply, there may still be a defense under the U.S. Constitution, or the defendant may be able to negate one or more of the elements of the charge by discrediting a portion of the State’s evidence.

Speak to an Experienced Criminal Attorney in Clearwater

A conviction of being a felon in possession of a firearm is likely to trigger a lengthy period of incarceration, not to mention fines and other penalties. If you have been accused of violating Florida’s gun laws by having a weapon in your possession or control despite a previous felony conviction, it is very important that you retain an attorney who can give your case the full attention that it deserves. After all, your freedom and your future are at stake. To schedule an appointment with a knowledgeable criminal lawyer, call Hanlon Law today at 727.897.5413 or contact us online. We regularly represent defendants in Clearwater, Newport Richey, Dade City, and the surrounding areas who are facing a wide range of felony and misdemeanor charges. We can assist you if you need an assault defense lawyer or advocacy against prosecution for other types of gun crimes or violent crimes.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help... Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse