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Possession
of firearm by convicted felon
Entrapment Defense to possession of firearm by convicted felon
Use or Carrying a Firearm with Violence or Drug Offenses
Recent Firearm Case Wins
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 state court, if you
receive a withhold of adjudication after pleading no contest, you
are technically not a convicted felon. However, in Florida state
court, 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, which is a
separate application) 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 if you have a
felony conviction so you can vote.
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
doesn't 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.
Recent Firearm Case Wins
ROBBERY WITH A FIREARM - Not Guilty after Jury Trial.
The client, an 18 year old African American, 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 the f**k 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" and that "We don't know how
to thank you. You gave us our son back." At that moment, I have
never felt so good about helping other people and being a criminal
defense lawyer.
Contact Grey Tesh
Federal felon in possession of a firearm lawyer
Federal possession of gun firearm by convicted felon attorney
I represent clients charged with serious
federal criminal offenses like felon in possession of a firearm, gun
possession, shooting guns, use of a gun in furtherance of drug
trafficking, and other gun charges before federal criminal courts in
West Palm Beach, Miami, Fort Lauderdale, Palm Beach, Fort Pierce,
Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville,
Tampa, Orlando, Tallahassee, and all federal courts throughout the
United States of America.
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convicted felon attorney, gun possession, firearm possession,
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npossession of a firearm lawyer, federal possession of a gun or
firearm by convicted felon attorney, federal appeals of gun charges.
If convicted of any federal gun charge like possession of a firearm
by a convicted felon, you have only ten (10) days in federal court,
as opposed to thirty (30) days in Florida, to file a notice of
appeal for the gun charges. If you want to appeal a gun charge
conviction, you must
contact a federal criminal appeals attorney
immediately, preferably a board certified federal criminal lawyer as
time is of the essence.
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