Possession of a Firearm Lawyer in West Palm Beach
While most people know that United States citizens have the right to bear arms, few realize it can be taken away. For instance, Florida prohibits convicted felons, those with injunctions against them, and people deemed mentally incompetent from possessing firearms.
Being charged with illegally having a firearm is serious and can lead to prison time and a large fine if convicted. However, your lawyer may be able to mount a good defense against these charges. Contact our West Palm Beach possession of a firearm lawyer Ronald Chapman today to discuss your case.
What Is Possession?
The definition of possession is quite broad in Florida. You are considered in possession of a firearm if:
- You are holding it
- It is on your person
- You are holding a container that contains the firearm
- It is within reach and under your control
Some people who are charged with illegally possessing a firearm were not actually in possession of a gun when arrested. While the prosecutor will try to prove that the gun was still in your possession, your West Palm Beach possession of a firearm attorney can challenge the prosecution’s evidence in court.
Actual Versus Constructive Possession
Many people think someone must be in actual possession of a firearm in order to be charged with illegally possessing a gun. For example, they assume that it has to be on their person or in their hand, but that is not the case. If you are prohibited from possessing a firearm, the state can try to prove that you had constructive possession of a gun.
Constructive possession means that the weapon was in a place under your control and that you knew the gun was there.
The prosecutor will do everything possible to prove its case, so you need to mount a defense to fight back. First, contact West Palm Beach possession of a firearm lawyer Ronald Chapman to discuss the events surrounding your arrest. Then your attorney can formulate a legal strategy.
Possible Defenses For Unlawful Possession Of A Firearm
Your possession of a firearm lawyer will review all aspects of the case, including how the police discovered the weapon. If there was a violation of your constitutional rights during the search and seizure, the attorney might be able to get your charge dismissed.
Your lawyer also might discover that the evidence does not demonstrate that you possessed the gun. Constructive possession is challenging to prove, and your attorney can challenge the state’s theory during the trial.
With so much evidence to sift through, it is wise to consult with an attorney right away. Call our firm today to speak directly with our West Palm Beach possession of a firearm lawyer Ronald Chapman about your case.
Do You Have The Right To Possess A Firearm?
When you have a felony conviction, you lose certain civil rights, including the right to bear arms. However, some convicted felons manage to restore their civil rights, including the right to possess a firearm. If your rights are restored, you can use that fact to defend yourself.
Mandatory Minimum Sentencing
Florida has mandatory minimum sentencing guidelines in place for illegally possessing a firearm. If you have a prior felony conviction and are convicted of actual possession of a firearm, the judge has to sentence you to at least three years in prison. So consult with possession of a firearm attorney Ronald Chapman to discuss your case in order to possibly avoid such a harsh sentence.