Possession of a Firearm by a Convicted Felon

Possession of a firearm in West Palm Beach as a first offense does not impose severe fines and jail time. However, it’s a different thing if you’re charged with possession of a firearm after being convicted. To get convicted of this crime, the prosecutor must first build up a strong case that includes the fact you were convicted of a felony. Read on to know more about this topic.

FAQs About Possession of Firearm

What Is A Firearm?

According to Florida Laws, “a firearm is any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.”

The definition of a firearm may be simple, but it is often the subject of debate. For instance, if you’re caught in possession of an antique firearm, you can’t be charged for committing the crime of possession of a firearm. However, you may be charged for committing such a crime when you used that antique firearm in the commission of another crime.

When Is An Individual Considered A Felon?

Being convicted of a crime does not necessarily mean that you’re a convicted felon. Individuals are considered convicted felons if they have been sentenced for a crime over one year outside the State of Florida or if they have been convicted of an offense enumerated under the penal law.  

What Must Be Proved For You To Be Convicted?

Apart from establishing that you were a prior convicted felon, the prosecution must likewise prove that you had a firearm actually or constructively. Actual possession is, by the word itself, physical control or custody over the firearm. On the other hand, constructive possession means that the firearm is within your reach, and you have knowledge of the presence of the firearm.

What To Do When Charged with Possession of a Firearm in West Palm Beach

If you’re charged with possession of a firearm, please contact David Olson Law so we can give you legal assistance soon as possible!

‍