Calvo & Calvo, Attorneys at Law Articles Defense for Felon in Possession of a Firearm

Defense for Felon in Possession of a Firearm

By Calvo & Calvo  May. 4, 2011 2:04p

Under 18 USC 922, it is a federal crime for a convicted felon to possess a gun or firearm. What this means is, if you were “convicted” (otherwise found guilty of a crime in a criminal proceeding), then you are not allowed to possess a firearm until your civil rights have been restored. If you have been arrested and the prosecution is able to prove “actual possession” then you will be found guilty of felon in possession, which carries a mandatory minimum sentence of 3 years in prison. If you have been charged with any weapons offense, contact a Ft. Meyers firearms defense attorney without delay.

If you have previously been convicted of any felony offense and you’re arrested for being in possession of a firearm, ammunition, weapon or an electronic device, you are considered guilty of breaking both federal law and criminal laws in the state of Florida. The prosecution can make every effort to prove that you in fact possessed the firearm, ammunition or electric device or weapon by means of “actual possession” or “constructive possession.” Constructive possession refers to the ownership, control, or occupancy of a thing, typically land or personal property by an individual, whereas actual possession refers to the fact that the firearm was found directly on your person. In addition to the above, if you were found guilty of an offense as a juvenile, that would have been charged as a felony if you were an adult, then you are prohibited from possessing a firearm.

Ft. Meyers Firearms Defense Lawyer

Law enforcement is tough on criminals with a prior criminal history. If you were found to have a weapon on your person, inside your car, inside your purse or some other place which it can be established that the weapon was within your control, then you are facing a mandatory minimum sentence of 3 years. Fortunately, there are defenses to a felon in possession charge that a skilled and knowledgeable Ft. Meyers firearms defense attorney may be able to apply to your case. If you have been charged with a weapons offense, contact a Ft. Meyers firearms defense lawyer from the Calvo & Calvo today!

Contact a Ft. Meyers firearms defense attorney from our firm for a free initial consultation.

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