POSSESSION OF A FIREARM BY A CONVICTED FELON

Orlando, Florida criminal defense attorney David A. Faulkner represents clients with regard to a wide variety of criminal charges. One such charge is that of possession of a firearm by a convicted felon. A similar offense is possession of ammunition by a convicted felon. Possession of a firearm by a convicted felon can carry a minimum mandatory prison sentence of three years under certain circumstances. If you, a friend, a family member or other loved one is facing the charge of possession of a firearm by a convicted felon, then you should contact Orlando, Florida criminal defense attorney David A. Faulkner for help.

ACTUAL VERSUS CONSTRUCTIVE POSSESSION

Possession of a firearm by a convicted felon can be by actual possession or constructive possession. If a person has the firearm on their person, then the possession is actual possession. If the firearm is not actually being carried on the person, but is in a location that is very near to the person, then the possession might be said to be constructive possession.

In order to constitute constructive possession, the accused must have knowledge of the presence and nature of the firearm AND must be exercising dominion and control over the firearm. Whether a person is or is not in constructive possession of a firearm often comes into play when the person is seated in a vehicle with multiple occupants while there is a firearm within the vehicle under a seat or in the glove compartment or console. In such a circumstance, law enforcement must first establish that the accused had knowledge that the firearm was present in the vehicle. Knowledge may be inferred if the firearm was in plain view of the accused. If, however, the firearm was not in plain view of the accused, then law enforcement must have some other evidence showing knowledge, such as the accused's admission of knowledge, a witness who will say the accused had knowledge or perhaps a fingerprint of the accused on the firearm. Without such additional evidence in a vehicle occupied by multiple individuals, law enforcement will be unable to establish knowledge of the firearm on the part of the accused. Even if the accused can be shown to have knowledge of the firearm, law enforcement must still establish that the accused was exercising dominion or control over the firearm. If, for example, the accused had knowledge that an individual in the car possessed the firearm, but it can be shown that the other individual was the person controlling the firearm, then law enforcement would be unable to establish that the accused was exercising dominion and control over the firearm. A similar circumstance arises when a firearm is found within the home of the accused, but the home is occupiedby multiple individuals.

AVOIDING THE MINIMUM MANDATORY SENTENCE

As mentioned above, the charge of possession of a firearm by a convicted felon may entail, if convicted, a minimum mandatory prison sentence of three years. However, it is important to know that said minimum mandatory prison sentence only applies if the possession of the firearm by the convicted felon is actual possession, versus constructive possession.

GETTING LEGAL HELP

Orlando, Florida criminal defense lawyer David A. Faulkner is very experienced with regard to the legal issues confronting a person accused of possession of a firearm by a convicted felon. If you have questions about such a charge, then contact Faulkner Legal Group, P.A. today for a FREE CONSULTATION. We can help!