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 Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
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All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
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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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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.