Possession of Firearm by a Convicted Felon

Have you been convicted of a felony in your past? If so, if you are found in possession of a firearm, there are few things more serious. Regardless if you’re still on probation, or you have been cleared for a very long time, you have likely been issued an order that doesn’t permit you to carry a weapon; therefore the punishment would be substantial if you are found violating this. Simply possessing will warrant you to a minimum of a three year sentence in jail.

Due to the intensive penalty associated with this crime, it is highly advisable to get in touch with a weapons and firearms lawyer immediately. The State of Florida is extremely strict in instances like this, and there’s very little opportunity for you to defend yourself successfully. Knowing the state laws in and out is integral to crafting a great defense, and Whitney S. Boan has represented a multitude of people which allows her to bring that experience to the table.

At Whitney S. Boan, P.A. in Orlando, FL, your needs take a priority. Your case is serious to us, and as a result we are here for you when you need us. All you need to do is call: (407) 413-9569

Defining Possession: Constructive vs. Actual

The prosecuting attorney must state that you actually possessed a real weapon at the time of the arrest, but there are two different types that the state can consider. They both mean very different things, so it’s important to know which you are subject to in order to properly represent you.

Constructive possession states that a firearm is in a location that you are currently the owner of. This includes your home, vehicle, or a concealed pocket in your jacket. Typically this charge occurs during the execution of another crime, where the weapon is found not physically in your hands. While the charge is lesser than actual possession, it’s still severe enough to warrant proper representation to prevent you from having time behind bars.

Actual possession means that at the time of your arrest, you were caught carrying the weapon on your person or in your hand. If you can reach the weapon while being apprehended, then you qualify for this level. Naturally, the penalties for this are very severe, and you’re likely seeing substantial time in jail, a hefty fine, or both. It’s also important to know that this level of charge is very hard to defend because there’s clear evidence against you.

When fighting your case, Whitney S. Boan will attack the prosecutor aggressively and ensure that your rights are protected. There’s a chance that your right to bear arms was restored in the time since you were last convicted of being a felon. It’s also possible that your right to possess arms has been restored, and therefore your arrest is unwarranted. Because of her history, Whitney knows exactly what to look for, and has the ability to look into your past, subsequently turning your outcome into a more positive one. You’ve already spent time in jail once, and chances are that you don’t want to serve again. Get in touch with Whitney today and get your best bet at avoiding a sentence.

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