Brandon Possession of Firearm By Convicted Felon Attorney

A felony conviction does not end a person’s legal exposure. In Florida, a prior felony can transform something as ordinary as holding a firearm into a separate, serious criminal charge carrying its own mandatory prison term. For residents of Brandon and the broader Hillsborough County area, a charge of possession of a firearm by a convicted felon is among the most aggressively prosecuted weapons offenses in the state. Omar Abdelghany of OA Law Firm represents defendants facing this charge and works to identify every available defense from the moment a case is opened.

What Florida Law Actually Says About Felons and Firearms

Florida Statute 790.23 makes it a second-degree felony for a person who has been convicted of a felony to own, possess, or have under their care, custody, or control any firearm, ammunition, or electric weapon or device. The statute is written broadly. Courts have interpreted “possession” to include both actual possession, where a firearm is physically on a person, and constructive possession, where a person has knowledge of a firearm and the ability to exercise control over it even if they are not holding it.

That distinction matters. A firearm found in a shared vehicle, a home with multiple occupants, or a storage area accessible to several people does not automatically belong to the person with a prior record. The State still has to prove that a specific defendant knew about the weapon and had dominion over it.

A second-degree felony under Florida law carries up to fifteen years in prison. But this particular charge also falls within the scope of Florida’s 10-20-Life law when the circumstances involve certain aggravating elements, which can trigger mandatory minimum sentences that a judge cannot reduce regardless of other mitigating factors. That mandatory minimum structure is one of the most consequential aspects of this offense, and it is a major reason why the defense strategy must be evaluated carefully from the beginning.

The Constructive Possession Problem in Brandon Cases

Hillsborough County law enforcement regularly encounters firearms in circumstances where ownership is not obvious. Traffic stops on State Road 60, residential arrests in Brandon neighborhoods, and calls to multi-family housing units all produce situations where a weapon is nearby but not in anyone’s hands. Prosecutors often rely on constructive possession theories in these situations, and that reliance creates real avenues for the defense.

To establish constructive possession, the State must show three things: the defendant knew the firearm was there, the defendant knew it was a firearm, and the defendant had the ability to exercise control over it. Where multiple people had equal access to the location where the weapon was found, the State cannot simply point to the person with a prior record and declare the case closed. Independent evidence tying that specific defendant to the specific firearm is required.

In practice, this comes down to things like fingerprints, DNA, surveillance footage, witness statements, and the exact location where the weapon was recovered relative to where the defendant was. Each of those evidentiary pieces can be challenged. Omar Abdelghany examines police reports and investigative records carefully to determine whether the State’s constructive possession case actually holds together or whether gaps in the evidence can be developed into a viable defense.

Prior Conviction as an Element the State Must Establish

People sometimes overlook a fundamental aspect of this charge: the prior felony conviction itself is an element that the prosecution must prove. That might sound straightforward, but it raises real questions in certain cases. Was the prior conviction a Florida felony, or a conviction from another jurisdiction? Was it for an offense that legally qualifies as a predicate felony under the statute? Were the defendant’s civil rights, including the right to possess a firearm, ever formally restored?

Florida does have a process by which a person’s rights can be restored after a felony conviction, and federal law has its own framework as well. If rights were restored through the proper legal channels, that can be a complete defense to the charge. This is not a common scenario, but it is one worth examining in any case where there is ambiguity about the defendant’s legal status at the time of the alleged offense.

There are also cases where a prior conviction record contains errors, or where the offense of conviction has since been reclassified. These situations are fact-specific and require a careful review of the defendant’s criminal history, not a surface-level assumption that because someone has a record the statute automatically applies.

Questions People Ask About This Charge

Can I be charged even if the gun belonged to someone else?

Yes. Florida’s possession statute does not require ownership. If the State believes you had control over or access to a firearm, you can be charged even if another person owns it. However, proving that you actually possessed something you did not own requires evidence beyond the firearm’s mere presence nearby.

What is the minimum sentence if I am convicted?

As a second-degree felony, this charge carries a maximum of fifteen years. Whether mandatory minimums apply depends on the specific facts and whether 10-20-Life sentencing enhancements are invoked. The scoresheet calculation under Florida’s Criminal Punishment Code also affects the recommended sentence range in any given case.

Does it matter if the firearm was not loaded?

Under Florida Statute 790.23, the firearm does not need to be loaded, functional, or operable for the possession charge to apply. An unloaded weapon still qualifies. However, operability may be relevant in certain related charges or in assessing overall case strategy.

What if the police found the gun during an illegal search?

This is one of the most important questions in any firearms case. If law enforcement conducted a search without a valid warrant and without an applicable exception to the warrant requirement, evidence recovered during that search may be suppressed. If the firearm itself is suppressed, the State’s case typically cannot proceed. Fourth Amendment challenges are examined in every case Omar handles.

Can a felon in possession charge be reduced or dismissed?

It depends entirely on the specific facts. Charge reductions or dismissals happen when the evidence does not support every element of the offense, when constitutional violations taint the evidence, or through negotiated resolutions based on the totality of the circumstances. There is no universal answer, which is why a thorough case evaluation matters from the outset.

Will a conviction affect my federal record in addition to my state record?

A Florida conviction for this offense will appear on both state and federal background checks. Federal law also separately prohibits convicted felons from possessing firearms under 18 U.S.C. 922(g), and depending on circumstances, federal charges can be filed in addition to or instead of state charges. Omar Abdelghany is licensed to practice in federal court in the Middle District of Florida, which covers Hillsborough County and the Tampa area.

How soon should I contact an attorney after being charged?

As soon as possible. Decisions made early in a case, including whether to speak with law enforcement, how to approach a bond hearing, and how to respond to the formal charging document, can affect the trajectory of the entire case. Waiting limits options.

Representing Brandon Defendants Facing Felon in Possession Charges

Brandon sits within Hillsborough County, and cases arising there are prosecuted through the Hillsborough County State Attorney’s Office and heard in the Thirteenth Judicial Circuit. Omar Abdelghany handles criminal defense matters throughout the Tampa Bay area, including defendants from Brandon, Valrico, Riverview, and surrounding communities. He is familiar with how these cases move through the local court system and what the prosecution’s approach typically looks like in Hillsborough County weapons cases.

OA Law Firm is a criminal defense practice, not a general law firm. Omar personally handles all matters, which means the attorney who evaluates your case is the same attorney who appears in court and negotiates on your behalf. He keeps clients informed throughout the process and makes himself available to answer questions as they arise.

A Brandon felon in possession of a firearm case deserves a defense that looks at the evidence honestly, identifies the weaknesses in the State’s theory, and builds a strategy around what the facts actually support. That is the approach taken at OA Law Firm from the first consultation forward. Contact the firm today to discuss your case directly with Omar Abdelghany.