Boca Raton FL Possession of a Weapon by a Prohibited Person DEFENSE ATTORNEYS

If you or a loved one has been charged with a weapons offense such as possession of a weapon by a prohibited person, discharging a firearm in public, or improper exhibition of a weapon, in South Florida, Arnesen Law can help. Jay Arnesen is a retired police officer turned defense attorney who now dedicates his life to defending citizens charged with criminal offenses.

During his service in law enforcement, Mr. Arnesen received the same advanced weapons training provided to officials working for the FBI, DEA, and US Customs Bureau. Ultimately, he understands the law, as well as the complexities involved in weapons cases, and can fully evaluate your case to identify any potential violations of your constitutional rights.

With offices conveniently located in Boca Raton and Fort Lauderdale, Mr. Arnesen appears in courts throughout South Florida on a daily basis. Contact his offices anytime at 561-419-9630 for a free consultation and find the help you need to the fight the State’s weapons case against you.

“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq., Criminal Defense Attorney

Possession of a Weapon by a Prohibited Person – Florida Statutes Section 790.23

Chapter 790, Section 23 of the Florida Statutes designates a number of individuals who are prohibited from possessing a weapon under Florida Law. Among those who meet these criteria are individuals previously convicted of a crime that is considered a felony punishable by a period of imprisonment of at least 1 year in any state, territory, or country.

Notably, the law applies to those convicted of any crime that would be classified as a felony if committed by an adult. This means that even individuals who commit these offenses as juveniles are permanently prohibited from possessing a weapon in the state of Florida. If a person is found to be in violation of this statute, he or she can be charged with a first or second degree felony, both of which entail severe punishments.

Section 790.23 dictates:

(1)   It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)   This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

(3)   Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)   Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

Possession of a Weapon by a Prohibited Person – Potential Penalties

First Degree Felony Possession of a Weapon by a Prohibited Person: maximum sentence of life in prison, possibility of life-long parole, and fines not to exceed $10,000

Second Degree Felony Possession of a Weapon by a Prohibited Person: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000

Contact Boca Raton FL Possession of a Weapon by a Prohibited Person Defense Lawyer Jay Arnesen for Immediate Assistance

Attorney Jay Arnesen is well-versed in Florida’s laws regarding weaponry and has the experience necessary to fight for your rights if you have been charged with possession of a weapon by a prohibited person in South Florida. Contact his Boca Raton or Ft. Lauderdale offices anytime at 561-419-9630 for a free consultation about your weapons case.