Firearm Possession Defense
Defense for illegal firearm possession charges, including felon in possession cases in Florida.
Understanding Firearm Possession Defense Charges
Illegal possession of a firearm in Florida includes carrying a concealed weapon without a permit, possession by a convicted felon, possession in prohibited locations, and possession during the commission of a crime. Florida law prohibits convicted felons from owning, possessing, or controlling firearms. Even temporary possession can result in serious felony charges. These cases often involve complex constitutional issues regarding Second Amendment rights.
Potential Penalties
- •Felon in possession: Third-degree felony, up to 5 years in prison
- •Carrying concealed weapon without permit: Third-degree felony, up to 5 years in prison
- •Possession during commission of felony: Enhanced mandatory minimum sentences
- •10-20-Life law: Mandatory 10 years for possession during felony, 20 years for discharge, 25 years to life if someone is injured
- •Federal charges for certain firearm offenses with longer sentences
- •Permanent loss of gun rights
- •Enhanced penalties for prior convictions
How We Defend Firearm Possession Defense Cases
Unlawful search and seizure - Challenge the legality of the search that led to discovery of the firearm.
Lack of knowledge of possession - Prove that you were unaware the firearm was present.
Lack of actual or constructive possession - Demonstrate that you did not have control over the firearm.
Valid permit or authorization - Present evidence of a valid concealed carry permit or other authorization.
Constitutional Second Amendment rights - Challenge the application of firearm restrictions in certain cases.
Temporary possession for lawful purpose - Show that you possessed the firearm only to secure it or for another lawful reason.
Challenge the felony conviction - In felon in possession cases, challenge the underlying felony conviction.
Necessity defense - Demonstrate that possession was necessary to prevent greater harm.
Why Choose The Mirvis Law Firm?
Firearm possession charges carry serious penalties, especially under Florida's 10-20-Life law which imposes mandatory minimum sentences. These cases often involve constitutional issues and require an attorney who understands both firearm law and criminal procedure. Tony Mirvis has successfully defended numerous firearm possession cases, achieving dismissals and reduced charges through strategic defense.
With over 20 years of experience defending clients in Florida state and federal courts, Tony Mirvis has the knowledge, skills, and dedication to fight for the best possible outcome in your case.