Delinquent in Possession of a Firearm

If you are under the age of 24 and were found by a judge to have committed a delinquent act which would have been a felony if convicted by an adult, you may not lawfully possess a gun or a firearm. If you or a loved one is facing this serious charge in St. Petersburg, Clearwater or the surrounding areas of Pinellas County, it is imperative that you contact the Best Firearms Defense Lawyers in Clearwater.

Legal Definition of Delinquent in Possession of a Firearm

The elements of the unlawful possession of a firearm by a delinquent are very similar to the elements of the Unlawful Possession of a Firearm by a Felon. In that regard, the State must prove the following:

• That the Defendant was previously found by a court of Florida or any other State to have committed a delinquent act which, if committed by an adult, would have constituted a felony.
• That the Defendant owned, or had in his or her care, custody, possession or control a firearm.
• At the time of the alleged possession, the Defendant was under 24 years of age.

Possession of a firearm may be proven by “actual” or “constructive” possession. Actual possession is when an individual is holding a gun or has a firearm in his or her clothing or in some container that he or she is holding. Constructive possession refers to knowledge of the existence of the firearm, coupled with immediate charge and control.

Possible Penalties for Delinquent in Possession of a Firearm

The potential penalties for Delinquent in Possession of a Firearm range from probation up to fifteen years in State Prison. The offense is considered a second-degree felony under Florida law and is classified as a “Level 5” offense under the Florida Criminal Punishment Code.

Possible Solutions

Our highly experienced Gun Crime Defense Lawyers in Clearwater will evaluate the strengths and weaknesses of your case during your free consultation with one of our top-rated lawyers. Some possible solutions for Delinquent in Possession of a Firearm may include:

• Early intervention with the prosecutor in an effort to convince the state to dismiss the charge or file a less serious offense
• Plea negotiations in an effort to eliminate or minimize incarceration
• Thorough analysis of discovery materials to investigate the legality of the traffic stop, search and arrest.
• Admissibility or reliability of DNA evidence

Call Our Office Today for a Free Consultation

Our team of highly experienced Delinquent in Possession of a Firearm Defense Attorneys is ready to speak with you today. Call our office at 727-578-0303 to schedule a free consultation in person, over the phone, or via Zoom.