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GUNS & FIREARMS
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Possession of firearm by convicted felon Possession of firearm or gun by convicted felon Under 18 USC 922, it is federal crime for a felon to possess a gun or firearm. One exception is in Florida, if you receive a withhold of adjudication after pleading no contest, you are technically not a convicted felon. However, in Florida, if you plead guilty and get a withhold of adjudication, you are for Federal purposes, a convicted felon. If the State board of pardons and paroles where you were convicted restores all of your civil rights (including your right to carry a gun) you are no longer a convicted felon. Then, you could not be convicted of possession of a firearm by a convicted felon. You should get your civil rights restored by the feds if convicted of a federal offense.
Entrapment Defense to possession of firearm by convicted felon Another defense to possession of a firearm by a convicted felon is entrapment by estoppel. Generally, this is when a government official tells you it is ok to possess a gun and you believe that person. However, entrapment by estoppel does not apply if one government gives you the wrong advice and another government prosecutes you. For instance, if a State court judge says you are not a convicted felon, the Feds could still prosecute you if you are a convicted felon.
Use or Carrying a Firearm with Violence or Drug Offenses 18 USC 924(c) makes it a crime to use or carry a gun in relation to any crime involving violence or drug trafficking. Just hiding a gun nearby, generally, is not enough to convict under the "use" of a firearm. For "carrying" a gun found in a home near to drugs found doesnt amount to "carrying" a firearm under 924 (c). The sentence imposed must be served consecutively or after any other sentence. There are mandatory minimum sentences under this section. For instance, if the firearm was brandished, 7 years, discharged, 10 years, short-barreled rifle or short barreled shotgun, 10 years, machine gun 30 years. Also, there are other sentencing enhancements like the Armed Career Criminal Act, where the defendant has 3 or more prior convictions for violent felonies or serious drug offenses.
Whether you are charged with possession of a firearm by a convicted felon, using a gun, carrying a firearm or gun while committing a drug crime or crime of violence, I can help.
Grey
Recent Firearm Case Wins ROBBERY WITH A FIREARM - Not Guilty after Jury Trial. The client was facing life in prison with a 10 year minimum mandatory sentence. At trial, I was able to prove that the client had no knowledge that the robbery was about to take place. A passenger in the car got out and robbed a lady with a purse. The client then left the scene at a high rate of speed. When the police came up behind the car, everybody, including the client, ran, jumped over two fences, and eluded police for over 3 hours. The judge read my special requested jury instruction on duress. This was critical to our theory of defense. The reason my client ran after the police came up behind him was that the guy who robbed the lady pointed the gun in his general direction and told everybody to get out of the car. My client did not have a choice. He had to get out because he was under duress. The client just graduated high school. He was found not guilty after a jury trial just days before Christmas. His parents told me it was "the best Christmas gift anyone could give."
aaacriminaldefense.com has its principal office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr. Tesh represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts throughout the United States of America. Federal crimes lawyer, federal criminal attorney, west palm beach criminal lawyer, west palm beach criminal defense, fort lauderdale federal lawyer, west palm beach, florida, fort pierce criminal lawyer, federal criminal defense attorney, Miami federal criminal lawyer, federal lawyer west palm beach, florida attorney, west palm beach lawyer, attorney, federal appealsIf convicted, you have only ten (10) days in Federal Court, as opposed to thirty (30) days in Florida, to file a notice of appeal. If you want to appeal a conviction, you must contact a Federal criminal appeals attorney immediately as time is of the essence.
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Copyright 2007 Grey Tesh, Criminal Defense lawyer,
West Palm Beach Florida.
All rights reserved.