Miami Grand Theft Lawyer: Your Defense Against Felony Charges in Florida
Possession of a Firearm by a Convicted Felon in Miami: Defense & Penalties
Defense & Penalties in Miami
If you have been arrested for possession of a firearm as a convicted felon in Miami, you are facing serious charges that can result in up to 15 years in prison. The sooner you speak with a defense attorney, the sooner you can understand what happened, what the law says, and what your options are. Under Florida Statute 790.23, people with prior felony convictions are generally prohibited from possessing firearms or ammunition unless their civil rights and firearm authority have been restored or another statutory exception applies. In Miami, this charge is typically treated as a second-degree felony. But not every case is the same, and the facts of your arrest matter.
Being told you are facing possession of a firearm by a convicted felon in Miami is frightening, especially if you have already put your past behind you and are trying to move forward. Many people facing this charge are not career criminals. They are parents, workers, and family members who made a mistake years ago and are now caught in a situation involving a gun that was not even theirs, or that they did not know was nearby.
If you have been arrested or are under investigation for possession of a firearm by a convicted felon in Miami, your first decisions can have a significant impact on your case. Consider speaking with a defense attorney before answering questions from law enforcement or making any statements. Early legal guidance may help protect your rights and identify potential defenses.
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Understanding Possession of a Firearm by a Convicted Felon in Miami
Florida law makes firearm possession by a convicted felon a serious offense that is treated differently from ordinary gun possession charges. If you have a prior felony conviction, Florida law generally prohibits you from knowingly owning or possessing a firearm or ammunition unless your civil rights and firearm authority have been restored or another statutory exception applies. A firearm belonging to someone else may support a charge if the state can prove that you knew it was present and exercised control over it. Mere proximity to a firearm, without the required knowledge and control, is not necessarily sufficient to establish constructive possession.
What Florida Statute 790.23 Says
Florida Statute 790.23 makes it unlawful, in most cases, for a person convicted of a felony to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device. The law applies throughout Florida, including Miami and Miami-Dade County.
The statute does not require that the felon be the one who purchased the gun or that the gun be found on their body. A person may still be charged based on actual or constructive possession, depending on the facts. The state must still prove knowing possession or control beyond a reasonable doubt.
Penalties for Felon in Possession of a Firearm in Miami
Possession of a firearm by a convicted felon in Miami is typically charged as a second-degree felony under Florida Statute 790.23 and is punishable under Florida’s general penalty statutes, including sections 775.082 and 775.083, which govern prison terms and fines. A conviction can result in imprisonment, fines, and an additional felony conviction on the person’s criminal record.
Second-Degree Felony and Sentencing Exposure
A standard violation of Florida Statute 790.23 is a second-degree felony carrying a maximum sentence of 15 years in prison and a fine of up to $10,000. Under Florida Statute 775.087, a person convicted of possession of a firearm by a felon may face a three-year minimum mandatory prison sentence when the statute’s firearm-possession requirements are met. Whether a minimum mandatory applies depends on the specific facts, the form of possession, and how the charge is filed.
Actual sentencing outcomes depend on many factors, including prior record, the specific facts surrounding the arrest, and how the case is negotiated or litigated. Nothing about a prior conviction or an arrest guarantees a particular result, and no attorney can promise an outcome before reviewing the specific facts and evidence. Every case requires a detailed, fact-specific analysis before any realistic expectations about possible outcomes can be discussed.
Frequently Asked Questions
- Can a Convicted Felon Possess a Firearm in Miami or Florida?
In most cases, no. Under both Florida and federal law, a convicted felon is prohibited from possessing, owning, or controlling a firearm or ammunition. A conviction for possession of a firearm by a convicted felon can lead to serious penalties, including possible prison time. Limited exceptions may apply if the person’s civil rights and, specifically, firearm rights have been legally restored through Florida’s executive clemency process or another lawful authority.
- Can a Felon Be Charged if the Gun Was in the Car but Not on Them?
Yes. A convicted felon can be charged even if the firearm was not physically on their person. Prosecutors may argue the felon had constructive possession, meaning they knew the firearm was in the vehicle and had the ability to control it. Whether the charge holds depends on the specific facts, including who owned the vehicle, where the firearm was located, and whether others had access to it.
- What Should I Do if I Was Arrested in Miami for Felon in Possession of a Firearm?
If you were arrested in Miami for possession of a firearm by a convicted felon, remain calm and avoid discussing the case with law enforcement without an attorney present. Do not make statements that could be used against you. Preserve any evidence that may support your defense and follow all court requirements. Contact a criminal defense lawyer as soon as possible to review the arrest, evaluate the evidence, and help protect your rights. Although no lawyer can guarantee a specific outcome, early representation can help you understand your options.
Possession of a Firearm Defense Attorney in Miami
Facing a possession of a firearm by a convicted felon case without a Miami firearm defense attorney can put you at a significant disadvantage when dealing with prosecutors and the court system. Prosecutors may rely on physical evidence, witness statements, body-camera footage, forensic evidence, and the circumstances surrounding the discovery of the firearm. The state must still prove every required element of the charge beyond a reasonable doubt.
A Miami criminal defense attorney with firearm charge experience can review the legality of the stop or search that led to the discovery of the gun, examine whether the state can prove knowledge and control, negotiate directly with prosecutors, and stand with you at every hearing. Jose Paez represents people facing firearm-possession charges and other criminal allegations in Florida. If you are facing possession of a firearm by a convicted felon in Miami, call Paez Defense today to discuss your case. Every case is different, and no particular outcome can be promised.
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(954) 266-8687
Paez Defense
888 S Andrews Ave, Suite 201, Fort
Lauderdale, FL 33316
(954) 266-8687
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
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Paez Defense practices law exclusively within the State of Florida. Representation in other jurisdictions may involve association with local counsel.
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