Justia Lawyer Rating
Super Lawyers
The National Trial Lawyers
Avvo Rating

Possession of a Firearm by a Convicted Felon

Florida law provides stiff penalties for gun law violations, and even simple possession can lead to a felony conviction and potential jail time. The penalties for firearm possession are most severe when the defendant is a convicted felon, which makes it crucial for anyone facing this offense to consult with a criminal defense lawyer. Benjamin Herbst is a South Florida gun lawyer who specializes in firearm possession by a convicted felon. He has successfully represented numerous defendants in felony gun cases and is available 7 days a week to offer a consultation about your case. There may be a host of defenses available to you such as challenging an illegal detention and search, and an experienced lawyer will be able to file motions to suppress and dismiss on these issues. Benjamin has received several jury trial acquittals in Miami-Dade, Broward and Palm Beach County, and never backs down from the state in court. If you are being investigated or have been charged with illegal possession of a firearm anywhere in South Florida call Benjamin at (954) 543-0305 and learn how he can fight for you.

Possession of a firearm by a convicted felon is classified as a second-degree felony under Florida law, which means is carries up to 15 years in prison. If the defendant is found to be part of a criminal gang the charge may be enhanced to a first-degree felony. The firearm does not have to be used or brandished in any way for this charge to occur, and the defendant does not have to be involved in any other criminal activity. Possession of ammunition and an electric weapon such as a stun gun also apples under this statute, which means simple possession of a firearm, ammunition or a stun gun can be escalated all the way up to a 30-year felony depending on the defendant’s prior record. With respect to prior record, a person’s status as a convicted felon applies to convictions from anywhere in the country. A felony conviction from another state will apply even if the crime is not considered a felony in Florida as long as the maximum penalty was over 1 year in jail. In addition, a prior adjudication in a felony juvenile case counts if the defendant is under the age of 24. Any young adult who has been adjudicated delinquent for a felony in juvenile court can be charged as a convicted felon even if they have not adult convictions. The laws can be complicated, but this means there may be strong defenses that a lawyer can argue. Benjamin Herbst is a criminal defense lawyer who represents all defendants charged with possession of firearm by a convicted felon in South Florida. He is available anytime to discuss the case and the defenses that may be available to you.

Anyone with a prior criminal record is at risk of being illegally searched by police. Illegal searches often occur during traffic stops when police discover that a driver or passenger has a record. As soon as police run a license and see prior convictions, especially for felonies, their demeanor will change and they will assume the vehicle has guns or drugs inside. Some police officers will do whatever it takes to search a vehicle, including lying about probable cause. Benjamin will not let this type of behavior stand up in court. He has won numerous motions to suppress evidence based on illegal searches, and has had firearms, drugs and other physical evidence thrown out in court. A South Florida gun crime lawyer may also be able to challenge the state on issues such as constructive possession. We have seen numerous cases where multiple individuals are improperly charged with possessing the same handgun, and Benjamin is not afraid to bring these issues before the jury. Call Benjamin today to find out what defenses may be available in your firearm possession case. He is willing to meet at his Fort Lauderdale office or any other convenient location in the Tri-County area, Stuart or Port St. Lucie.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.