You have a felony conviction in your long ago past. So long ago it seems like another lifetime. You are a gun enthusiast and you worry about your safety, so you buy a handgun. What could possibly be wrong with that?

For starters, it’s against both Florida and federal law for a convicted felon to possess a firearm. Although this post will concentrate on Florida state law regarding possession of a firearm by a convicted felon, the important point, whether you are accused of this crime in either state or federal court in Florida, is that it is a serious charge that often carries a mandatory minimum term of imprisonment with it. This means that, if proven beyond a reasonable doubt, the sentencing judge has no discretion to impose a lighter sentence than that prescribed by law; you are 100% certain to be serving prison time, and multiple years’ worth, if convicted of this crime. Therefore, it is imperative that you retain an experienced criminal defense attorney who previously has represented those accused of possession of a firearm by a convicted felon in Florida.

Actual vs Constructive Possession of a Firearm 

The term “possession” is very important when it comes to a possession of a firearm by a convicted felon charge, as the penalties under Florida law are much harsher depending on the “type” of possession of the firearm that the felon is legally deemed to have. Under Florida Statutes Section 790.23, a prosecutor can attempt to prove that you possessed a firearm, ammunition or an electric device or weapon either through actual possession or constructive possession.

Actual possession means the felon has physical possession of the gun in, for instance, his or her hands, in a holster at his or her waist, or in a backpack on his back.  Actual possession is much easier for a prosecutor to prove because the gun is literally on the person and normally is very difficult for even an experienced criminal defense attorney to refute for the same reason. If you are a convicted felon and found to be in actual possession of a firearm or ammunition, you will be facing a minimum mandatory sentence of three years in prison, with the potential of up to fifteen years in prison, fifteen years of probation and a $10,000 fine.

Constructive possession is a more nebulous legal concept that has arisen to cover situations where the felon may not have the weapon on his or her person, but the weapon is close enough in proximity to the felon that the law assigns possession of the gun to the felon; that is, it can be  reasonably assumed that the felon knew the firearm or ammunition was present and had the ability to exercise “dominion and control” over it. This is a very fact-specific determination, so constructive possession cases can be more difficult for a prosecutor to prove. There are any number of defenses to a constructive possession charge, including that the gun was someone else’s if, for instance, you live with multiple roommates or if the police find the gun in a car in which you are one of four occupants. If you are a convicted felon and found to be in constructive possession of a firearm or ammunition, you will be facing potential prison time but will not be faced with any mandatory minimum prison sentence. However, just because there is no mandatory minimum for constructive possession of a firearm by a convicted felon does not mean that a felon will not be given a prison sentence; it simply means that the sentencing is not required to impose a prison sentence.

Contact Experienced West Palm Beach Criminal Defense Attorney Bryan Raymond if You Have Been Charged with a Gun Crime
in Palm Beach County

Experienced West Palm Beach defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has represented numerous individuals who have been charged with possession of a firearm by a convicted felon and other gun crimes in Palm Beach County. Bryan can aggressively represent clients no matter whether they have been charged with felon in possession or any other gun crime in state or federal court. If you’ve been arrested for or charged with possession of a firearm by a convicted felon or any other gun crime in Palm Beach County, contact experienced criminal defense attorney Bryan Raymond today at (561) 682-1115 or [email protected].

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