Felon in Possession of a Firearm Charges in Florida Carry Harsh Penalties — Don't Face Them Alone

Miami Felon in Possession of Firearm Defense Lawyer

If you're facing a firearm charge in Miami as someone with a felony record, you're not just looking at another run-in with law enforcement. You're looking at a situation that could strip you of your freedom for years, possibly even decades. I've worked with people just like you—men and women who made mistakes in the past, served their time and were trying to move on with their lives. One misunderstanding, one traffic stop, one call to the police—and now they're facing a charge that Florida prosecutors take very seriously.

Let me explain what you're really up against and why having your own dedicated Miami criminal defense attorney—not a court-appointed one—is critical at every step of the process.

What Florida Law Says About Felons and Firearms

Under Florida Statute § 790.23, if you've been convicted of a felony in Florida or any other state—or even under federal law—you're legally prohibited from owning, possessing, or having control over a firearm. That includes not just handguns and rifles but also ammunition and electronic weapons like tasers.

This isn't a slap-on-the-wrist kind of law. If you're found guilty, you could face:

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Up to $10,000 in fines

That's a second-degree felony, which is no small matter. The penalties are even more severe if you're labeled a violent career criminal, a habitual violent felony offender, or a prison release reoffender. I've defended people facing these classifications, and I can tell you that without strong representation from the start, prosecutors will throw the book at you.

A private lawyer can start working for you right away—not just showing up in court to stand next to you. I'm talking about investigating your case, talking to witnesses, looking into how the firearm was discovered, and whether law enforcement followed the rules. That kind of preparation takes time and focus, and it's what can make or break your case.

Understanding Actual vs. Constructive Possession

Many of the people I work with don't even realize they were technically "in possession" of a gun. Florida law doesn't require that the gun be found on your body or in your hand. If a firearm is discovered in a car you're driving—or even one you're riding in—you could still be charged under the theory of constructive possession.

Here's the difference:

  • Actual possession means the gun was found on your person.
  • Constructive possession means the gun was near you, and prosecutors believe you had knowledge of it and control over it.

This is where the fight really begins. Was it your vehicle? Were there other people in the car? Was the gun in a locked compartment or someone else's bag? These questions matter, and only a private attorney who has the time to investigate every angle can develop the defense you need.

Common Defenses to Firearm Possession by a Felon

I've defended this charge in Miami courts many times, and I can tell you that the government doesn't always get it right. But to challenge the state's case effectively, your defense needs to be detailed and specific to your facts. Some possible defenses include:

  • You didn't know the gun was there.
  • The gun didn't belong to you.
  • You were not in actual or constructive possession.
  • The search that found the gun was illegal.
  • You've had your civil rights restored.

These aren't just technical arguments—they're lifelines and these lifelines could mean the difference between prison and a second chance. When you hire a private defense lawyer, you're hiring someone who can bring every possible angle into play. I don't wait for prosecutors to hand over discovery and hope for the best. I work every detail of your case like your future depends on it—because it does.

What Happens If You're Arrested in Miami for This Charge?

The first thing that happens is usually a bond hearing. The court may deny bond altogether, especially if prosecutors push for it under Florida's firearm statutes. Without private representation, you're at the mercy of the system.

Next comes formal arraignment, then pretrial motions, then potentially a trial. But here's the thing—most people don't realize how much can happen before trial. When I represent someone, I look at whether the firearm was lawfully discovered. I look at whether the person was legally detained. I question the chain of custody. If we can file a motion to suppress the evidence, the entire case might fall apart.

Your private attorney can challenge weak evidence, find witnesses who support your story, and build a defense that the public defender's office simply doesn't have the time or resources to prepare. The difference between a conviction and a dismissal can come down to preparation—and preparation takes time, access, and dedication.

What About Federal Charges?

If the arrest involves a firearm that crossed state lines or involves federal agents, you could be looking at charges under 18 U.S.C. § 922(g). That federal law prohibits felons from possessing firearms and comes with its own set of mandatory minimums and harsh guidelines.

Federal prosecutors are some of the most aggressive in the country. They build airtight cases before they file them. If your case has even a hint of going federal, your defense strategy needs to change immediately. This is when it becomes absolutely critical to have a private attorney who can work fast, anticipate federal moves, and potentially get the case kept in state court.

You Don't Have to Be Guilty to Be Charged

I've seen it happen too many times—someone on probation or trying to rebuild their life is accused of something they didn't do. Just being near a weapon can trigger an arrest, especially if your name shows up in a database or you've had prior contact with police.

Maybe you were in the wrong place at the wrong time. Maybe someone else put a weapon in your car or your home without your knowledge. These are real scenarios. But unless your attorney fights for that truth, the system will treat you like you're guilty the moment the arrest is made.

That's why I always tell people this: Don't talk to law enforcement without your attorney present. And don't rely on hope or good intentions to get you through. You need a serious legal defense, and that starts the moment you're arrested—not later when trial comes around.

Why Private Representation Makes All the Difference

When you're up against a firearm possession charge as a felon, this isn't just another court date. It's your future on the line. Every decision matters—the bond hearing, the plea offers, the motions, and the trial strategy. A court-appointed attorney might mean well, but they won't have the same time or resources to devote to your case.

I've defended these cases all across Miami and South Florida, and I can tell you that building a defense takes more than showing up to court. It means working with investigators. It means taking depositions. It means understanding the prosecutors, knowing what arguments will get traction, and recognizing when the state's case has weak points that can be pushed.

You deserve someone who will take your case personally. Someone who will keep you informed every step of the way. Someone who understands that this charge doesn't define you—and will work relentlessly to help you move past it.

Don't Wait to Start Defending Yourself

If you've been arrested or are under investigation for being a felon in possession of a firearm in Miami, time is already working against you. Evidence can disappear. Witnesses move. Prosecutors start building their case immediately.

When you hire a private defense lawyer, you're not just hiring someone to stand beside you in court. You're hiring someone to start working on your case right now. And in charges this serious, early action can make all the difference.

FAQs – Felon in Possession of Firearm Charges in Miami

Can I be charged if the gun wasn't on me?

Yes. Florida allows prosecutors to charge you even if the gun wasn't physically on you, as long as they believe you had knowledge of it and control over it. This is called constructive possession. If you were in a car or a house where a firearm was found, prosecutors may assume you had access. That's why it's so important to challenge the state's version of events with the help of a private attorney.

What happens if this is my second or third felony?

If you have prior convictions, you could face enhanced penalties under Florida's habitual felony offender laws. In some cases, you might be labeled a violent career criminal or prison releasee reoffender. These classifications come with mandatory minimum prison time. A private attorney can evaluate whether those labels apply and fight to keep them off your case.

Can I get probation instead of prison?

It's possible, but it depends heavily on the facts of your case and how your lawyer presents your background, character, and circumstances. Judges in Miami are often reluctant to offer probation in firearm cases unless there's a compelling reason. Your private attorney can build that argument and negotiate with the prosecution for alternatives to incarceration.

Will this affect my federal benefits or housing?

Yes. A conviction can impact your ability to receive certain federal benefits, including housing. A private lawyer understands the collateral consequences and can work to minimize them. In some cases, we can negotiate a plea that avoids a felony conviction entirely, which can help protect your rights outside of the courtroom.

What if the firearm was planted or belonged to someone else?

That's a serious defense, and one that needs immediate investigation. We may be able to request fingerprint analysis, challenge the credibility of witnesses, or point out inconsistencies in the state's timeline. These defenses require work, and the sooner your lawyer starts that work, the better your chances are.

Can I get the charge dismissed?

Yes, it's possible. If the search that found the firearm was illegal, we can file a motion to suppress. If there's not enough evidence of possession or if your rights were violated, we can seek a dismissal. It all depends on the strength of the case and the effectiveness of your defense. A private attorney can build a strategy designed to get the best possible outcome.

Is it worth hiring a lawyer if I think I'm guilty?

Absolutely. Even if you believe the case against you is strong, a private attorney can help reduce the charges, limit the penalties, or even identify defenses you hadn't considered. There's a big difference between pleading guilty without a fight and negotiating a favorable outcome with someone who knows how to protect your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.