Actual Vs. Constructive Possession
One key issue used in determining both guilt and sentencing is whether the accused is guilty of either actual or constructive possession of the firearm.
An individual is in Actual Possession of a firearm in the following examples:
- A person is holding the firearm in his/her hand.
- The firearm was recovered from an individual’s waistband.
- The firearm was found to be in easy reach of the accused.
Any person who is found to be in actual possession of a firearm is facing a minimum three-year mandatory prison sentence. However, since Possession of a Firearm is a second-degree felony it carries a maximum punishment of 15 years in prison.
Constructive Possession occurs if the firearm in question is found to be in a place wherein the accused has knowledge of its location, control over the firearm, or has been placed in a specific location by the accused for purposes of concealment.
There are numerous pretrial motions and trial tactics a defense attorney can argue on behalf of the accused to win a case. In some instances, your attorney can move to have the firearm excluded from evidence and force the prosecution to dismiss your case.
Your attorney can explain all of your legal rights and decide on an appropriate defense.
Contact a Qualified Florida Criminal Defense Lawyer Today
You have the right to qualified legal counsel at each step of the legal process and you are under no compulsion to answer questions, make statements, confessions, or have a talk with the police or other law enforcement personnel outside the presence of legal counsel. For a free consultation with a nationally accredited Miami Criminal Defense, Drug & Domestic Violence Attorney, call Piotrowski Law at (305) 204-5000.