Firearm Defense Lawyer In Tampa
If you have been accused of a firearms offense in Tampa, Florida, an experienced Tampa firearms defense lawyer will tell you that both the State of Florida and the Federal Government have laws concerning the possession and use of firearms.
Though the United States Supreme Court has held that the Second Amendment of the U.S. Constitution guarantees a person the right to bear arms, the Court has also held that that right is not unlimited and that Florida state laws and federal laws can regulate gun ownership and use. An experienced Tampa weapons crimes attorney is accustomed to the complexities of firearms case and can fight to make sure your rights are protected.
If you have been charged with a gun crime in Tama Florida, and you are looking for the best Tampa firearms defense lawyer, contact the Hardy Law Firm today.
Florida State Laws Concerning Firearms
The Florida Legislature has passed a variety of criminal laws pertaining to firearms, including the Tampa weapon offenses of carrying a concealed firearm and carrying a concealed firearm.
These charges are serious because they have the potential to lead to prison sentences. A skilled and diligent Tampa weapon offenses attorney can fight to protect your rights and strive to get you the best possible result in your case.
Florida's Law Against Carrying a Concealed Firearm
Under Florida law, it is against the law for a person to carry a concealed firearm unless that person has a concealed weapons license.
In Florida, to convict an accused of carrying a concealed firearm, the prosecutor must prove two things. First, the prosecutor must prove that an accused knowingly carried on or about his person a firearm. Second, the prosecutor must prove that the firearm was concealed from the ordinary sight of another person.
In the Florida courts, carrying a concealed firearm is a third-degree felony punishable by a maximum of five years of imprisonment.
If you have been charged with carrying a concealed firearm in Tama Florida, and you are looking for the best Tampa firearms defense lawyer, contact the Hardy Law Firm immediately and get help today.
Florida's Law Regarding Felon in Possession Of A Firearm
In Florida, it is against the law for a person that has been convicted of a felony to possess a firearm. To convict an accused of felon in possession of a firearm, the prosecutor must prove to things. First, the prosecutor must prove that the accused had been convicted of a felony. Second, the prosecutor must prove that after the conviction, the accused knowingly possessed a firearm.
“Convicted” means that a judge has found a person guilty of a crime. A withhold of adjudication does not count as a conviction.
What Does The Phrase “Possess A Firearm” Mean?
There are two ways in which a person can possess a firearm.
First, a person can have Actual Possession of a Firearm. Actual possession of a firearm means the person is aware of the presence of the firearm, and:
- The firearm is in the hand of or on the person, or
- The firearm is in a container in the hand of or on the person, or
- The firearm is so close as to be within ready reach and is under the control of the person.
Second, a person can have constructive possession of a firearm. Constructive possession means the person is aware of the presence of the firearm, the firearm is in a place over which the person has control, and the person has the ability to control the firearm.
What Are The Penalties of a Florida State Court Conviction for Felon In Possession Of A Firearm?
In Florida, felon in possession of a firearm is a second-degree felony punishable by a maximum of:
- 15 years of imprisonment
- A $10,000.00 fine
- 15 years of probation
However, if the accused is convicted of actual possession of a firearm, the judge must impose a 3-year minimum mandatory prison sentence.
If you or a loved one has been charged with felon in possession of a firearm in Tama Florida, and you are looking for the best Tampa firearms defense lawyer, contact the Hardy Law Firm immediately and get help today.
Federal Possession of a Firearm by a Convicted Felon
Federal criminal cases involving firearms are extremely serious. A federal agency that frequently investigates federal gun cases is the Bureau of Alcohol, Tobacco, and Firearms. ATF agents are well trained and highly professional. For all practical purposes, the ATF and the federal prosecutors have unlimited resources to use against an accused, whose reputation, livelihood, financial assets, and liberty are all at stake. An experienced Tampa federal weapon offenses attorney can fight to protect your rights and strive to get you the best possible result in your case.
One common federal firearms crime is possession of a firearm by a convicted felon. It's a federal crime for anyone who has been convicted of a felony offense to possess a firearm in or affecting interstate or foreign commerce.
A Defendant can be found guilty of this crime only if the prosecutor can prove beyond a reasonable doubt:
- The Defendant knowingly possessed a firearm in or affecting interstate or foreign commerce; and
- Before possessing the firearm, the Defendant had been convicted of a felony — a crime punishable by imprisonment for more than one year.
The term “interstate or foreign commerce” includes the movement of a firearm from one state to another or between the United States and any foreign country. Under current law, if the firearm (or even the bullets) were manufactured outside the State of Florida, the firearm (or bullets) are considered to have moved in interstate or foreign commerce.
A Tampa weapons crimes attorney can review the government's evidence, and ensure that your constitutional rights are protected.
What Are The Penalties For Federal Possession of a Firearm by a Convicted Felon?
The maximum penalty for felon in possession of a firearm is 10 years imprisonment. However, under the Armed Career Criminal Act, if a defendant violates this law and has three previous convictions for a violent felony or a serious drug offense, or both, committed on occasions different from one another, the defendant faces a 15-year minimum mandatory prison sentence.
If you or a loved one has been charged with felon in possession of a firearm in Tampa federal court, and you are looking for the best Tampa firearms defense lawyer, contact the Hardy Law Firm immediately and get help today.
Are you looking for the best Tampa firearms lawyer to represent you in a criminal case?
Tampa firearms defense lawyer David C. Hardy is a former prosecutor that now represents persons accused of firearms cases. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling firearm charges in both the Florida and the federal courts.
If you or a loved one has been arrested for a Florida or Federal firearms charge, contact Tampa weapon offenses attorney David C. Hardy. He has the experience to guide you through this process and obtain the best possible results.