Yesterday, I discussed the charge of carrying a concealed firearm. Today, I want to discuss the far more serious charge of Felon in Possession of a Firearm.
This charge is similar to carrying a concealed firearm. The only difference is that the accused person is a convicted felon. Any felony conviction will qualify, so long as it is a conviction, not a withhold of adjudication. A withhold of adjudication, dismissal, or other disposition will not count. There must be a prior conviction.
This charge is serious because a number of things can happen. First, you may be enhanced as a habitual offender or habitual violent offender depending on your prior record. This can subject you to lengthy sentences. Secondly, there is a 3-year mandatory minimum prison sentence for anybody charged with being a felon in possession of a firearm.
As a defense attorney in Miami and Broward, I am familiar with this charge. Also, when I was a prosecutor, I handled hundreds of these cases. Many of the defendants were classified as habitual offenders due to their prior felony record.
Felon in possession of a firearm is a second-degree felony punishable by a maximum of 15 years in prison. Remember, there is also a mandatory 3-year term. This 3-year mandatory prison term cannot be waived by the Judge but only the State Attorney. That’s why it’s important to have a good criminal defense lawyer who can negotiate for a more favorable resolution, or even better, get you acquitted at trial.
There are a number of defenses to this charge that should be discussed with a Miami criminal attorney, or Broward criminal attorney who handles these matters. Call me today to discuss your case.