Possession of a Firearm by a Convicted Felon


In Florida, as in most states, being in possession of any type of weapon can result in serious consequences, especially if you already have a felony conviction on your criminal record.  Even if you were convicted of a felony in another state and possess a weapon in the state of Florida, you still may face a felon in possession of firearm under Florida law.

A felon in possession of firearm charge can have devastating consequences on many people and their loved ones.  This criminal charge is one of Florida’s more serious weapons charges that many individuals face on a daily basis.  Even mistakenly holding a weapon that is not yours can land you in jail for a significant period of time.  For example, if you have a prior felony on your record and you pick up a firearm or device simply to move it someplace else, you may be facing a Florida felon in possession of firearm charge.

However, with the assistance of a qualified Tampa Criminal Defense Attorney, you may be able to avoid jail entirely, or at least minimize any potential jail term.  Marc A. Joseph, P.A. is a Tampa Criminal Defense Attorney who possesses the tools you need to build the best defense possible given the facts of your particular situation.  He has helped numerous clients face a felon in possession charge and he knows what to expect from the other side.  Marc A. Joseph, P.A. can provide you with every option you have moving forward and how each option may affect the outcome of your situation.  With his help, you will feel confident in knowing that a skilled professional is advocating for your rights and interests.

Being a Felon in Possession of Firearm in Florida


Under Florida law, an individual may be charged with and found guilty of being a felon in possession of firearm if he or she has previously been convicted of a felony, and he or she unlawfully owns or has custody of a firearm, ammunition, electric weapon or device, tear gas gun, or a chemical weapon or device.  Being a felon in possession of a firearm is considered a second degree misdemeanor in Florida.  If convicted, you could spend up to fifteen years in jail and pay up to $10,000 in fines.  You may also be on probation for up to fifteen years.  Depending upon the nature of the firearm possession charge, you may be required to serve a mandatory minimum jail sentence of three years.

In Florida, there are different ways to be in possession of a firearm, ammunition or other device or weapon.  If you are a convicted felon and you are simply holding a gun, ammunition or other device, or if the device is found in a bag you are carrying, you face a mandatory minimum jail sentence of three years.  If you are not actually in possession of the weapon, ammunition or device, but is near you, this is considered to be in constructive possession of the weapon or device.

It is much easier to prove that you were actually in possession of a firearm, ammunition or weapon, because either the object is in your custody or control, or it’s not.  It is a little more difficult to prove that a weapon was close enough to you to be considered “possession” for purposes of Florida law.  To show that you were in constructive possession of a firearm, ammunition or device, the prosecution must prove that the object was close enough to you that you were aware of its presence.  Because the type of possession at issue is so important, and can mean jail time or no jail time, you should act quickly to speak with a Tampa Criminal Defense Attorney.

How a Tampa Criminal Defense Attorney Can Help You


Having a felony on your record is something you would like to forget and hopefully expunge in the future.  The hopes of clearing your record are hindered if you face a charge of being a felon in possession of a firearm in Florida.  Having the right attorney by your side can make or break your case.  You need and deserve an attorney who will investigate each and every fact of your case to build the best defense possible.  Many busy attorneys may overlook key facts that could be essential to keep you out of jail.

Tampa Criminal Defense Attorney Marc A. Joseph, P.A. looks at each client’s case from every angle to make sure nothing has been missed.  He seeks to have criminal charges dismissed if there are valid grounds to do so.  Your rights are always at risk when facing criminal charges because there is always the chance that law enforcement officials will violate those rights.  If your constitutional rights have been violated, there may be grounds to have your Florida felon in possession charge dismissed.

If there are no constitutional grounds for having your Florida felon in possession charge dismissed, and you were not in actual possession of the firearm, ammunition or device, then you may have a strong defense to show that you were not “constructively” in possession of the firearm, ammunition, or device.  Marc A. Joseph, P.A. will use your strong defense to show why you should not be convicted of this crime.

If the risk of going to trial is too great, it may be best to negotiate your situation with the prosecutor outside the court room.  If you were not in actual possession of the firearm, ammunition or device, and are therefore not facing a mandatory minimum jail sentence of three years, then you may be able to avoid jail time and other consequences by pleading to a lesser charge or other measures in lieu of jail time.  Marc A. Joseph, P.A. uses his assertive negotiating skills to reach a reasonable outcome to your felon in possession charge in Florida so that you can move on with your life without adding another check mark to your criminal record.

Contact Tampa Criminal Defense Attorney Marc A. Joseph, P.A. Today for a Free Consultation

Having a felony on your record is already stressful enough as you must live your life with a scar on your criminal record.  As such, facing a subsequent criminal charge in Florida can be devastating for you and your loved ones.  A charge of being a felon in possession of a firearm only adds to the stigma of already being considered a felon, especially if you are ultimately convicted.  To provide yourself with the best chance possible to fight a felon in possession of firearm charge in Florida, you will need to seek the advice and assistance of a seasoned Tampa Criminal Defense Attorney.  With more than 16 years of experience, Tampa Criminal Defense Attorney Marc A. Joseph, P.A. understands what is at stake if you have a felony on your record and are facing new criminal charges.  With the help of Marc A. Joseph, P.A., you will have the best defense possible for having your pending criminal charge resolved.  To schedule a free consultation to discuss your case with Tampa Criminal Defense Attorney Marc A. Joseph, P.A., contact our office today by calling (813) 234-6374.  Marc A. Joseph, P.A. is available 24/7 to answer your questions and address your concerns.

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