If you previously had a felony conviction, you are not permitted to own, use, or possess a firearm unless your gun rights have been restored. If found in the possession of a firearm without having your gun rights restored, you may be charged with possession of a firearm by a convicted felon. Additionally, if you possessed a firearm while committing another offense, you could be facing aggravated consequences and penalties. These serious cases require skilled and immediate action from a criminal defense attorney in Clearwater with Russo, Pelletier & Sullivan who can build a strategic defensive approach to achieve the most favorable outcome for your case.
Types of Felony Weapon Charges
If a felon is found in possession of a firearm, they may face various felony charges, including but not limited to:
Felon in Possession of a Firearm
Under Florida law, it is illegal for individuals convicted of a felony to possess a firearm. It is a second-degree punishable by incarceration in the Florida Department of Corrections for up to 15 years. This offense also carries a minimum mandatory prison sentence of 3 years if a conviction occurs.
Possession of a Firearm During a Crime
If a firearm is possessed when another crime has been committed, the maximum penalties for that offense can be enhanced. For example, possessing a firearm while committing a third-degree felony can cause an enhancement of penalties to that of a second-degree felony.
Unlawful Possession of Ammunition
Even if a felon does not possess a firearm but is found in possession of ammunition, they can still face felony charges. Possession of ammunition by a convicted felon is also a second-degree felony with a maximum punishment of 15 years in state prison
Initial Steps to Take
If you are a felon and find yourself in possession of a firearm in Pinellas County, take these steps to protect yourself:
- Remain calm and do not resist arrest: If law enforcement officers confront you regarding firearm possession, you should remain calm and comply with their instructions. Resisting arrest or attempting to flee can worsen the situation and lead to additional charges.
- Exercise your right to remain silent: Upon arrest, exercise your right to remain silent and avoid making any statements to law enforcement without the presence of your criminal defense attorney. Anything you say can, and may, be used against you in court, so it is best to refrain from discussing the incident until you have strong legal representation.
- Contact a skilled defense attorney: You should immediately contact a knowledgeable criminal defense attorney in Clearwater with Russo, Pelletier & Sullivan who can provide legal guidance and representation.
Achieve the Most Favorable Outcome With Skilled Representation
Your Clearwater defense attorney with Russo, Pelletier & Sullivan will work closely with you to build the strongest defense possible for your case against a felon in possession of a firearm charge.
Request a consultation with a defense attorney in Clearwater or give Russo, Pelletier & Sullivan a call today at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.