Felon in Possession of a Firearm

Depending on who you ask, the loss of an individual's 2nd Amendment right to bear arms can be one of the most devastating consequences to becoming a convicted felon. With the stripping of your right own a firearm so too comes the possibility of a charge under Florida Statute 790.23 for illegally being a felon in possession of a firearm if caught with a firearm in your possession. If you’re carrying a concealed weapon, you could also be charged with that offense. Though most understand that if they are convicted of a felony they no longer have the right, unless reinstated, to own a firearm, for many owning and relying on a firearm is a matter of day-to-day life. Tampa criminal attorney Jason Mayberry is very familiar with allegations of this crime and has the experience and dedication to defend an individual accused of this. Through attention to detail and a policy that no stone can go unturned with any case, be it a simple No Valid Driver’s License citation or a capital sexual battery offense, The Mayberry Law Firm has successfully defended numerous individuals accused of felony charges. If you’ve been charged with being a felon in possession of a firearm, you could be facing a prison term. Contact our office for a free consultation and see how our firm can help you.

What Does It Mean to Be a Felon in Possession of a Firearm?

As mentioned above, being a felon in possession of a firearm is codified in Florida Statute 790.23 and is a felony. This statute states that if one has been convicted of a felony in Florida or in another State and has in their care, custody, possession, or control a firearm, ammunition, electric weapon or device, or some type of tear gas or chemical weapon they could be charged with a second degree felony, punishable by up to 15 years in prison in addition to a $10,000 fine. If the State can prove that your offense is gang beneficial under Florida Statute 874.04 will be statutorily enhanced to a first degree life felony punishable by up to life imprisonment. In laymen’s terms, if you’ve been convicted of a felony offense in the past and you are caught with what the State of Florida considers a firearm, you can be charged with this very serious crime.

Is there a Defense?

As with most other criminal allegations, there could be a myriad of defenses available to you if you’re charged with this crime. Our Tampa firearms lawyers will investigate any prospective defense including the possibility that your civil rights have been reinstated, that the alleged “firearm” was not a firearm at all, or that you couldn’t exercise control over the firearm. There is also an argument, depending on the facts, that because there could be two or more people who could exercise control of the firearm that you weren’t in control of the firearm. When this is the case, possession cannot be inferred or assumed per Florida jury instruction 10.15. There is no way to list all possible defenses to any crime as all situations are different. What we can say is that we will investigate every reasonable possibility in your case.

Why Us?

Each attorney in The Mayberry Law Firm is well versed in criminal defense and firearms law. We are dedicated to our cause, a cause dedicated to defending those accused. If you’ve been accused of a crime in Florida, contact our office at 813-444-7435.