Possession Of Firearm By Convicted Felon Defense In Lake County

Possession Of Firearm By Convicted Felon (F.S. § 790.23)

Lake County law enforcement is increasingly utilizing “Project Safe Neighborhoods” and federal partnerships to target individuals with prior records. What the police call a “gun bust” is often a case of being in the wrong place at the wrong time.

The Penalty Framework

This offense is classified as a Second-Degree Felony. Because of Florida’s strict “10-20-Life” and habitual offender laws, the penalties are among the most severe in the criminal code:

• Maximum Penalty: Up to 15 years in Florida State Prison and a $10,000 fine.

• The 3-Year Mandatory Minimum: If the State proves you were in actual possession (the gun was on your person, in your hand, or in your immediate reach), the judge is required by law to sentence you to a minimum of 3 years in prison—day-for-day, with no early release.

• Ammunition & Devices: You do not need a gun to be charged. Possessing a single bullet, a taser, or even a chemical spray (mace) can trigger the same felony classification for a convicted felon.

Actual vs. Constructive Possession

The outcome of your case often depends on how the State claims you “possessed” the weapon:

• Actual Possession: The firearm was found in your hand, your waistband, or your pocket. This triggers the 3-year mandatory minimum.

• Constructive Possession: The firearm was found in a place you occupy, such as a glove box, under a car seat, or in a shared bedroom. To convict you, the State must prove you had knowledge of the gun and the ability to control it.

Strategic Defenses: How We Fight Firearm Charges

We use our knowledge of the Fifth Judicial Circuit to find the technicalities that can lead to a dismissal:

• Illegal Search and Seizure: Did the officer have “Probable Cause” to search your vehicle or home? If the Fourth Amendment was violated, Attorney Lewis may file a Motion to Suppress. If the gun is thrown out, the case is dismissed.

• Lack of Knowledge: If a passenger left a weapon in your car or a roommate kept a gun in a common area without your knowledge, you are not guilty of “knowing” possession.

• The “Antique” Exception: Under F.S. § 790.001, firearms manufactured in or before 1918 (or replicas) are generally excluded from the definition of a “firearm.” If the weapon is an antique, the charge cannot stand.

• Inoperable Weapon: If the firearm is permanently inoperable and cannot be readily converted to fire, Attorney Lewis may be able to argue it does not meet the statutory definition of a firearm.

• Restoration of Rights: If your civil rights were restored in another state or via the Florida Clemency Board, Lewis Defense Law will provide the State the documentation to prove you were legally allowed to possess the weapon.

The Lewis Defense Law Advantage

A firearm charge for a felon is often an “add-on” charge used to gain leverage in plea negotiations.

• Trial Ready: Attorney Lewis is prepared to take your case to a jury to prove that “proximity” does not equal “possession.”

• DNA & Fingerprint Analysis: We don’t just take the officer’s word for it. Lewis Defense Law will demand testing of the weapon. If your DNA or prints aren’t on the gun, it creates the “reasonable doubt” needed for an acquittal.

• Sentencing Mitigation: If a conviction is unavoidable, Attorney Lewis work to have the “Actual Possession” element dropped to avoid the 3-year mandatory minimum.