Articles Posted in Weapons

People convicted of felonies often lose certain rights, like the right to possess a weapon. As such, if they are subsequently found with a gun in their possession, they may be charged with a crime. Additionally, depending on their criminal history, they may be sentenced as a career criminal. In a recent Florida gun crime case, the court discussed the grounds for deeming a defendant a career criminal before ultimately determining the defendant was properly classified. If you are charged with a weapons offense, it is smart to meet with a Tampa gun crime defense attorney to determine your options.

History of the Case

It is alleged that in 2021, during a traffic stop, the defendant was found in possession of a firearm and ammunition. He subsequently pleaded guilty to being a felon in possession of a firearm, in violation of federal law. Prior to sentencing, the probation office drafted a presentence investigation report that included an enhancement under the Armed Career Criminal Act (ACCA) due to the defendant’s three prior convictions for crimes that were either violent felonies or serious drug offenses.

It is reported that these convictions included two for aggravated assault in 2003 and 2015 and one for delivery of cocaine in 2007. The defendant objected to the ACCA enhancement, arguing that his prior convictions for aggravated assault did not qualify as violent felonies and his prior drug crime conviction did not qualify as a serious drug offense. However, the district court overruled his objections, deemed each conviction as qualifying under the ACCA, and imposed a 180-month sentence. The defendant appealed. Continue Reading ›

Criminal defendants will often want to mount a vigorous defense against the charges they face. In some instances, though, they will find it beneficial to enter into a plea agreement. Sentences issued pursuant to such agreements must abide by the sentencing laws and guidelines; otherwise, they may be overturned. This was demonstrated in a recent Florida weapons crime case in which the defendant argued that his consecutive sentences were illegal and ultimately prevailed. If you are accused of a gun crime, it is in your best interest to meet with a Tampa gun crime defense lawyer to determine your options for seeking a favorable outcome.

History of the Case

It is reported that pursuant to a plea agreement, the defendant was serving a twenty-year mandatory minimum prison sentence for aggravated assault with a firearm and discharge, as well as a consecutive five-year prison sentence, with a three-year mandatory minimum provision, for possession of a firearm by a convicted felon. The trial court imposed the sentences under section 775.087(2) of the Florida Statutes.

Allegedly, the defendant moved to correct his sentence, arguing that the consecutive sentencing structure was illegal because the crimes were committed during a single criminal episode with one victim and a single shot discharged that did not strike the victim. The trial court denied his motion, and he appealed. Continue Reading ›

In Florida, people generally have the right to carry firearms. There are exceptions to the rule, however. For example, people convicted of felonies can be charged with crimes for possessing weapons. Convictions for such offenses can carry significant penalties, and in many cases, it is unlikely that any subsequent changes in the law provide grounds for a reduced sentence, as explained in a recent Florida ruling. If you are charged with a weapons crime, it is smart to contact a Tampa gun crime defense lawyer to determine your possible defenses.

Case Setting

It is alleged that the defendant pleaded guilty to possession of multiple firearms as a convicted felon and received a sentence of 97 months in prison, based on his offense level and criminal history category. Subsequently, certain sentencing adjustments were issued by the United States Sentencing Commission, including Amendment 821, which the defendant sought to apply retroactively to his case.

It is reported that the defendant particularly focused on the part of Amendment 821, which allows for a downward departure in a defendant’s criminal history category if certain criteria are met, including prior convictions for possession of marijuana for personal use. Additionally, he argued that the executive order issued by President Joe Biden granting pardons for simple possession of marijuana offenses applied to his case. As such, he sought a revised sentencing of 87 months or lower based on these developments. Continue Reading ›

Pursuant to the Second Amendment of the United States Constitution, people have a right to bear arms, which means that they are generally permitted to possess firearms. There are restrictions to the right, though; for example, people are prohibited from possessing guns in certain settings, typically deemed sensitive places. As held by a Florida court in a recent opinion, though, all government buildings do not necessarily constitute such places. If you are accused of possessing a gun in violation of the law, it is wise to meet with a Tampa gun crime defense lawyer regarding your rights.

Factual and Procedural Setting

It is alleged that the defendant, a U.S. Postal Service semi-truck driver in Tampa, was charged with carrying a concealed firearm onto federal property. The charges arose after the defendant, holding a Florida concealed carry permit, brought a Smith & Wesson 9mm firearm in a fanny pack for self-defense during work.

It is reported that in September 2022, agents from the U.S. Postal Service attempted to detain the defendant, leading to an arrest after an attempted escape. The defendant was charged with possessing a firearm in a federal facility and for forcibly resisting arrest. He moved to dismiss the charges against him, arguing that the law that criminalized possession of firearms in federal facilities was unconstitutional as applied to him and that he resisted an unlawful arrest. Continue Reading ›

In Florida criminal matters, the prosecution bears the burden of proving the defendant’s guilt. While the prosecution can use circumstantial and direct evidence to establish that a defendant committed a crime, it cannot rely on facts not in evidence, as explained by a Florida court in a recent case in which the defendant appealed his conviction for being a convicted felon in possession of a firearm. If you are accused of a gun offense, it is smart to speak to a Tampa weapons crime defense attorney about your options for protecting your rights.

Factual and Procedural History of the Case

It is reported that the State charged the defendant with being a convicted felon in possession of a firearm. During the trial, the State presented testimony from a police officer that came in contact with the defendant during an investigation. The officer stated that the defendant told him he had a gun in his possession.

It is alleged that a second officer testified, corroborating the first officer’s report. The defendant testified and denied making the aforementioned statements or possessing a gun. During the State’s closing argument, the prosecutor told the jury the defendant was not reliable and implied that the second testifying officer was credible because he had not been convicted of a felony. Defense counsel objected, but the court overruled the objection. The jury convicted the defendant, and he appealed. Continue Reading ›

State and federal law generally preclude people convicted of felonies from owning weapons. As such, if a law enforcement agent finds a firearm in the possession of a convicted felon, it could lead to criminal charges. A person must be aware that he or she is a felon to be convicted of violating the federal law barring possession of a firearm by a felon.

Merely because an indictment for unlawful possession of a firearm fails to include the knowledge element of the offense does not mean the defendant was automatically prejudiced, though. This was demonstrated in a recent Florida case, in which the court affirmed the defendant’s conviction for being a felon in possession of a firearm. If you are charged with a gun crime, it is advisable to meet with a knowledgeable Tampa weapons crime defense lawyer to discuss your case.

The Defendant’s Indictment and Conviction

Allegedly, a police officer approached a group of people on a street corner when he saw one of the men point a gun at the crowd. A chase ensued, and the police eventually apprehended and arrested three men, including the defendant. The defendant was indicted for numerous offenses, including being a felon in possession of a gun. After he was indicted, the Supreme Court issued a ruling stating that a defendant must know he belongs to a class of people barred from owning firearms to be convicted of being a felon in possession of a gun.

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It is important for all Tampa citizens to know what rights they are afforded under the law. For example, with some exceptions, the police are not permitted to search your property without a warrant or your consent. If you grant the police access to your property, however, it is possible that any evidence of a crime found during a search of the property could be used against you, even if you were not suspected of a crime prior to the search.

This was illustrated in a recent case decided by the Court of Appeals for the Eleventh Circuit, in which the defendant’s conviction for being a felon in possession of a firearm was upheld after he gave the police permission to search his garage. If you are a resident of Tampa currently charged with a weapons crime, you should meet with a skilled Tampa criminal defense attorney to discuss your available defenses.

Facts Surrounding the Defendant’s Arrest and Conviction

Allegedly, the incident in question began when police officers arrived at a residence with a warrant, looking for a shooting suspect. The defendant, who was not the suspect at the time, suggested they check the garage. The police saw a gun on a table and seized and disarmed it. The officer also called the serial number into the police system to determine whether it was stolen. The defendant was standing nearby, unrestrained, during the investigation, and advised the officers he had been to prison. The defendant was charged with being a felon in possession of a firearm. During his trial he filed a motion to suppress evidence of the firearm, arguing that it was obtained via an illegal search and seizure. The court denied the motion and the defendant was convicted. He subsequently appealed, arguing that the trial court wrongfully denied his motion and that his prior convictions did not qualify as violent felonies.

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