Possession of a Firearm by a Convicted Felon in Daytona Beach
Defense Attorney Serving Daytona Beach & DeLand
Owning or possessing a firearm is a right that many would argue is an essential part of American culture. However, if you have been convicted of a felony, you lose your right to own or possess a firearm. If you are later arrested and found to be in possession of a gun, you could face felony charges and potentially serious penalties under Florida Statute 790.23. This statute also prohibits convicted felons from owning electric weapons, ammunition, and concealed weapons.
There are many situations where you can find yourself with a firearm or weapon, and these charges are complex. If you have been arrested or accused, contact Thompson Law, P.A. as soon as possible. Do not answer police questioning without having an attorney present. Instead, call our firm at (386) 280-4977 to schedule your free consultation. We are always available to answer your call.
The Definition of a Firearm in Florida
A “firearm” is any weapon, including a starter gun, which is designed to or can be readily converted to expel a projectile by the action of an explosive. A convicted felon also cannot own ammunition, defined as a fixed hull or casing containing a primer, one or more projectiles, bullets, shot, or gunpowder. Convicted felons are also prohibited from owning concealed weapons, which applies to a wide variety of weapons, including knives, dirks, and metallic knuckles. When the weapon is hidden so that a casual observer would not be able to see it, it is considered concealed.
Note that in all instances the firearm, ammunition, or concealed weapon does not need to be in use for it to be a violation of the law. Even if the weapon is being used for a legal purpose, such as hunting, being in possession of the weapon as a convicted felon can result in a criminal charge. The firearm also does not need to be an illegally obtained weapon and it could have legally belonged to you or your family before the commission of the original felony. Once you are considered a felon, any and all firearms are prohibited.
Potential Punishments for Firearm Possession by a Convicted Felon
Possession of a firearm or concealed weapon by a convicted felon is a second-degree felony. If you have previously qualified or currently qualify for penalty enhancements, the offense is a first-degree felony.
Convictions come with the following penalties:
- Second-degree felony – Punishable by up to 15 years in jail, 15 years of probation, and a fine of $15,000
- First-degree felony – Punishable by up to life imprisonment and a fine of $15,000
The Thompson Law, P.A. Approach
Our firm works tirelessly to protect your record to prevent you from ever having your rights stripped from you. If you’re facing a charge as a convicted felon, hiring a lawyer is important to protect your rights, future, and freedom. When you retain Attorney Matt Thompson, you can be certain that you are hiring an experienced professional who will fight diligently on your behalf.
Attorney Thompson has gone to jury trials in Volusia County; on a charge of this complexity, he has the knowledge necessary to defend you. With all of our criminal cases, our first step is to discuss the case with our client and get his or her account of the incident. This allows us to make a determination of the unique circumstances of your matter and decide what course of action is going to result in the best possible outcome for you. When it comes to clients who have prior criminal charges, having an attorney who is experienced at negotiation and advocacy is essential to creating your defense. As a former prosecutor, Attorney Thompson knows how to speak with the State and get you the results that you need.
If you are facing a serious charge, do not hesitate to contact us for your free case evaluation. We have two convenient office locations in Downtown DeLand and Daytona Beach.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.
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Charges Reduced Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no