On behalf of The Law Office of Gustavo E. Frances, P.A.
The carrying of weapons by convicted felons is a felony under Florida state law, even if the offender’s defining felony conviction was in another state. Like all felony offenses in Florida, it can result in serious penalties.
The charge may be enhanced to an aggravated felony in cases where the weapon was employed to harm or threaten another person. This sometimes happens during rape, assault, or robbery.
As defined by the law, weapons are any device capable of subduing a human, such as firearms and ammunition. Also included under this definition are stun guns, homemade bombs, tear gas dispensers, and knives. The law allows for a broad interpretation of what is or could be a weapon in accordance with the wide spectrum of weapons historically used by people as well as humankind’s proven ingenuity for innovating new weapons.
Felons convicted in other states who relocate to Florida may not know that carrying a weapon subjects them to detention by a Florida law enforcement officer and prosecution by the state on charges of felonious possession of a weapon. While ignorance of the law may not absolve such an individual, there are several ways to contest this charge, especially when the police work and evidence constituting the case are faulty.
A criminal defense attorney may explain defense options in detail to accused individuals after reviewing the case. This review includes all of the information and evidence on which the charge was filed as well as the material the state will use to prosecute the charge. If the defense attorney exposes sufficient faults in the case against the accused individual, the felony charge may be dismissed.
Online Sunshine, “790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.—“, December 23, 2014