Firearm Possession By A Convicted Felon

Overview

Firearm possession by a convicted felon involves the unlawful act of possessing a firearm or ammunition by an individual previously convicted of a felony.

Felon-in-possession charges are frequently prosecuted federally. Challenging the search or prior conviction may support a defense. A Miami federal criminal defense lawyer can evaluate your case. Contact our office for a free consultation.

Penalties for Felon in Possession

Federal possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) carries up to 15 years. Florida state felon-in-possession carries up to 15 years. Armed Career Criminal Act (ACCA) enhancements can result in a 15-year mandatory minimum. In Miami, these cases are often prosecuted federally. A Miami federal criminal defense lawyer can advise on sentencing.

Possible Defenses

Defenses may include challenging whether the prior conviction qualifies as a predicate felony, challenging the legality of the search, challenging whether the item was a "firearm" under the law, or seeking restoration of rights. ACCA enhancements can be challenged based on prior conviction eligibility.

What the Prosecution Must Prove

The prosecution must prove beyond a reasonable doubt that you possessed a firearm, that you had been convicted of a felony, and that you knew of your prohibited status. Possession can be actual or constructive.

Why Early Counsel Matters

Felon-in-possession cases often arise from traffic stops or search warrants. Challenging the legality of the search can lead to suppression and dismissal. Early representation allows counsel to evaluate the prior conviction and search before the case progresses.

What This May Involve

Charges related to firearm possession by a convicted felon can involve various legal processes and procedures. These matters may include:

• Investigation by law enforcement agencies
• Review of evidence and documentation
• Legal proceedings in federal or state court
• Potential consequences that may vary based on specific circumstances
• Complex legal procedures and requirements

When to Speak With a Lawyer

If you are facing charges related to firearm possession by a convicted felon, or if you believe you may be under investigation for such charges, it is important to consult with an attorney as soon as possible. Early legal representation can be important for understanding your rights, the charges you may face, and the legal process ahead.

An attorney can help you understand the specific laws and procedures that apply to your situation, advise you on how to respond to law enforcement inquiries, and work to protect your rights throughout the process.

The Law Offices of Paul D. Petruzzi, P.A. represent clients in federal and state criminal matters in Miami, Miami-Dade, Broward, and nationwide. If you face firearm possession by a convicted felon charges in South Florida, a Miami criminal defense lawyer who handles these matters can help. We also have dedicated pages for Miami federal criminal defense lawyer in Miami-Dade and surrounding areas.

We handle investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our criminal defense and case results pages for more information.