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Homepage / Gun Charges / Felon in Possession of a Firearm
Felon in Possession of a Firearm Defense Lawyer in Orlando, FL
Facing charges for being a felon in possession of a firearm in Florida can feel overwhelming, but with the right legal defense, you can fight these charges and protect your future.
Whether it’s your first-time gun charge in Florida or you’re facing additional penalties for a prior conviction, Attorney Josef Mitkevicius and Mitkevicius Law in Orlando are ready to help you navigate this complex legal battle.
Call Today — Free Consultations.
What Does It Mean to Be a Felon in Possession of a Firearm in Florida?
Under Florida law, convicted felons are not allowed to possess, own, or use firearms.
This is governed by Florida Statute § 790.23, which makes it illegal for anyone with a felony conviction to be in possession of any firearm or ammunition.
Florida Statutes on Firearm Possession by Felons
The law clearly states that felons caught with a gun in Florida face serious consequences.
Possession can be direct (having a firearm on your person) or constructive possession (having control over a gun in proximity, even if it’s not on you).
This means that you don’t need to be holding the firearm to be charged. If it’s found in your vehicle, home, or any place where you could reasonably access it, you could still face charges for constructive possession of a firearm by a convicted felon.
What Are the Consequences of Felon Firearm Possession?
A conviction for felony possession of a firearm carries harsh penalties. The minimum sentence for felon in possession of a firearm in Florida can include:
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Up to 15 years in prison
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Fines reaching $10,000
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Permanent loss of gun ownership rights
Josef Mitkevicius law firm is absolutely amazing! We had a difficult case and won! Mr.Josef stood behind us 100%! The communication was awesome, he returns calls, responds to emails and truly stands behind his clients with integrity, hard work and reasonable rates. We put our trust in Josef Mitkevicius and it was the best decision we made when it came to choosing a law firm, he is the best!
Adrianne
ARE THERE PENALTIES FOR REPEATED OFFENSES?
For those deemed habitual offenders or with prior violent offenses, the penalties can be even more severe, including federal charges that carry mandatory minimum sentences.
In some cases, a felon caught with a gun may face 10 years per bullet, depending on the circumstances.
These penalties make it crucial to understand how to beat a gun charge in Florida and seek the assistance of a skilled criminal defense lawyer.
Common Defenses Against Felon Firearm Possession Charges
If you are a convicted felon in possession of a firearm, you may feel that there’s no way to fight the charges.
However, there are several defense strategies that can lead to a reduction or dismissal of your case. Working with an experienced attorney like Josef Mitkevicius is key to exploring these options.
You Were a Victim of Unlawful Search and Seizure
One of the most common defenses is challenging the legality of how evidence was obtained.
Under the Fourth Amendment, law enforcement must follow strict procedures during searches and seizures.
If your attorney can prove that the search leading to the discovery of the firearm was illegal, the evidence can be suppressed, potentially resulting in the dismissal of your charges.
You Weren’t Aware of the Gun in Your Possession
In many cases, felons are charged even when they had no knowledge of the firearm’s presence.
This is often referred to as constructive possession, where a firearm is nearby, but not directly under your control.
For instance, if a gun was found in a shared vehicle or home, it may be possible to argue that you didn’t know it was there or that it belonged to someone else.
Your attorney can help demonstrate that you were not in actual possession of the weapon.
Someone Else Owned the Gun
Sometimes, the weapon belongs to another person in the home or vehicle, leading to charges even when it wasn’t yours.
Can a felon live in a house with a gun in Florida? Technically, no, but if the gun is securely stored, and you can prove that it wasn’t accessible to you, your lawyer may be able to argue that you weren’t in possession of the firearm.
Impact of Prior Criminal Convictions on Firearm Charges
Your criminal history plays a significant role in how gun possession charges are prosecuted.
If you have prior convictions, particularly for violent offenses, your case may be subject to federal prosecution under Title 18 U.S.C. § 922(g), which governs firearm restrictions for felons.
What is “Habitual Offender Status”?
In Florida, repeat offenders can face heightened penalties. Being labeled a habitual offender means that the court can impose extended prison sentences, sometimes with no possibility of early release.
Can Violent Offenses Affect My Sentencing?
If your prior felony involved violence or weapons, the court may enhance your penalties. In these cases, you could face not only state-level charges but also federal charges, which typically carry harsher sentences.
Your defense strategy needs to account for these complexities, which is why hiring a local lawyer familiar with both state and federal courts is crucial.
How to Defend Yourself Against Felon Firearm Charges in Florida
If you’ve been charged with being a felon in possession of a firearm, it’s essential to act quickly and secure experienced legal counsel.
Josef Mitkevicius understands the intricacies of Florida gun laws and how local courts handle these cases.
Early intervention by a criminal defense lawyer can make a significant difference in the outcome of your case.
Why Is it Critical to Hire a Lawyer Early?
Having a Orlando gun defense lawyer involved from the start is critical to ensuring your rights are protected.
Mitkevicius Law will immediately begin investigating your case, looking for evidence of illegal searches, lack of intent, or constructive possession.
With the right defense strategy, it may be possible to negotiate for lesser charges, alternative sentencing options, or even get the case dismissed.
Negotiating Reduced Charges or Alternative Sentencing
In some cases, it may be possible to have charges reduced from felonies to misdemeanors, which carry lighter penalties.
Your attorney may also negotiate alternative sentencing, such as probation or participation in a rehabilitation program, depending on the specifics of your case.
How Attorney Josef Mitkevicius Can Help You
Attorney Josef Mitkevicius has extensive experience defending clients against serious criminal charges, including felon firearm charges in Florida.
As a local attorney, he knows the Orlando court system and is deeply familiar with the nuances of Florida gun laws.
This local experience allows him to provide a robust defense tailored to your specific case.
Comprehensive Case Investigation
Josef Mitkevicius will thoroughly investigate every aspect of your case. This includes reviewing how the firearm was discovered, interviewing witnesses, and analyzing any evidence collected by law enforcement. His goal is to find weaknesses in the prosecution’s case and ensure that your rights are fully protected.
Personalized Defense Strategies
At Mitkevicius Law, every case is treated with care. Josef Mitkevicius works closely with clients to develop a defense strategy based on their unique circumstances.
Whether it’s challenging evidence, negotiating for reduced charges, or fighting for a full dismissal, he is committed to achieving the best possible outcome for you.
Contact Mitkevicius Law for a Free Consultation Today
If you’ve been charged with felony firearm possession in Florida, time is of the essence. The penalties are steep, but with the right defense, you can protect your future.
Attorney Josef Mitkevicius offers free consultations and is ready to help you build a strong defense. Reach out today to take the first step in fighting your charges and securing the best possible outcome for your case.
Call 850-361-2142 or use our form to get started.
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