Possession of a Firearm by a Convicted Felon

Possession of a Firearm by a Convicted Felon

Possession of a Firearm by a Convicted Felon is a very serious charge in Florida. If you have the displeasure of being charged with the offense of actual possession, you will face a mandatory minimum of 3 years in the Florida Department of Corrections. This sentence must be served day for day pursuant to Florida’s 10-20-Life Statute.

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Constructive vs. Actual Possession

Like any possessory crime, including drug offenses, the State—through the State Attorney’s Office in Orange, Seminole, Volusia, Lake Counties, or elsewhere—can prove Possession of a Firearm by a Convicted Felon by showing either:

• Actual possession: the individual physically possesses the firearm (i.e., it’s on their person), or

• Constructive possession: the firearm is in a location where the individual may have control or has concealed it.

Prosecutors frequently rely on DNA evidence to establish possession.

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Elements and Penalties

The State must prove the following elements beyond a reasonable doubt to convict someone of Possession of a Firearm by a Convicted Felon.

1. The defendant must have a prior felony conviction, and the court must not have restored their firearm rights (typically shown through a Judgment and Sentence).

2. A firearm was either actually or constructively possessed.

As noted, actual possession carries a 3-year minimum mandatory sentence. The offense is classified as a second-degree felony and is punishable by up to 15 years in prison.

Defendants may also face enhanced penalties if the State pursues a Prison Releasee Reoffender or Habitual Felony Offender designation.

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Strategies

Put simply, the State must show that the defendant possessed the firearm. The defendant must have a prior felony conviction, and the court must not have restored their firearm rights (typically shown through a Judgment and Sentence).

If the State relies on DNA, available defenses include:

• Lack of scientific reliability

• Trace DNA

• Transfer DNA (DNA transferred from another person)

Additionally, if a defendant’s civil rights have been restored, they may be able to show they had legal authority to possess (not necessarily carry or own) a firearm.

It’s also common for prosecutors to file this charge by Information (as opposed to Indictment), since it’s often easier to prove than more serious charges like attempted murder, aggravated battery, or other crimes of violence.

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Contact a Defense Attorney

If you have been charged with Possession of a Firearm by a Convicted Felon in Sanford, Orlando, Lake Mary, Altamonte, Oviedo, or the surrounding areas, contact an aggressive criminal defense attorney at Yadav Law. We may be able to help.