Hillsborough County Possession of Firearm By Convicted Felon Attorney

A prior felony conviction does not erase a person’s right to a vigorous legal defense, and that matters enormously when the charge is possession of a firearm by a convicted felon in Hillsborough County. This is one of the most aggressively prosecuted weapons charges in Florida, and the mandatory minimum sentencing structure means that a conviction carries consequences that can fundamentally reshape the rest of a person’s life. Omar Abdelghany of OA Law Firm focuses exclusively on criminal defense in the Tampa Bay area and handles these charges directly, working with each client to understand exactly what happened and what defenses apply to their specific situation.

What Florida Law Actually Says, and Why the Details Matter

Under Florida Statute Section 790.23, it is unlawful for any person who has been convicted of a felony in Florida, any other state, or under federal law to own or have a firearm in their care, custody, possession, or control. The statute is written broadly on purpose. Prosecutors do not need to prove that you fired the weapon, pointed it at anyone, or even touched it in a threatening way. Physical proximity combined with constructive possession is often enough to support the charge.

Constructive possession is where these cases get complicated. If a firearm is found in a shared apartment, a vehicle with multiple occupants, or a common area, the question of who legally “possessed” it is rarely as obvious as law enforcement makes it sound in the arrest report. The State must establish that you knew the firearm was there and had the ability to exercise control over it. That knowledge and control element is where many of these cases are actually won or lost.

The offense is classified as a second-degree felony in Florida, which carries a maximum sentence of 15 years in state prison. For defendants whose prior conviction qualifies under Florida’s 10-20-Life sentencing law, mandatory minimums can attach depending on the circumstances, locking in prison time before a judge has any discretion to consider alternatives. That sentencing structure is one reason this charge demands serious legal attention from the moment of arrest.

How These Cases Are Built, and Where the Weaknesses Often Appear

Hillsborough County law enforcement, including the Tampa Police Department and the Hillsborough County Sheriff’s Office, frequently generates these cases through traffic stops, home searches, and investigations that begin for entirely different reasons. A person gets pulled over on I-275 or stopped near Ybor City, officers find a firearm during the search, and the charge gets added on top of whatever else prompted the encounter.

That origin story matters legally. A firearm found during an unlawful stop or an improperly executed search warrant may be suppressible. If law enforcement violated your Fourth Amendment rights during the encounter, Omar will identify that and pursue suppression of the evidence. Without the firearm itself, the prosecution’s case typically collapses.

Beyond suppression, the identity of the underlying felony conviction is worth examining. Not every out-of-state felony conviction translates cleanly into a disqualifying offense under Florida law. Some convictions, depending on how they were classified, what plea was entered, or how the case was subsequently handled, may not meet the statutory definition. If the prior conviction was later expunged, set aside, or resulted in a restoration of civil rights that included firearm rights, that can be a complete defense to the charge.

Joint possession situations also leave real room for the defense. If multiple people had access to the location where the firearm was found, the State cannot simply assume that the person with the prior record is the one who possessed it. Omar takes the time to examine all available evidence, including fingerprint analysis, DNA, purchase records, and witness statements, to challenge the prosecution’s theory of possession.

The Collateral Consequences Beyond Prison Time

A conviction under Section 790.23 does more than result in a prison sentence. The downstream consequences in federal law are significant. Federal law also prohibits convicted felons from possessing firearms under 18 U.S.C. Section 922(g), and a state conviction can serve as the basis for a separate federal prosecution. In cases involving firearms that crossed state lines or were acquired through a federally licensed dealer, the U.S. Attorney’s Office sometimes pursues its own charges in addition to, or instead of, the state case. Omar is licensed in federal court in both the U.S. District for the Middle District of Florida and the U.S. District for the Northern District of Florida, which means he is positioned to handle both tracks if that becomes the situation a client faces.

Immigration consequences are also real. Non-citizens convicted of this offense face mandatory removal proceedings under federal immigration law. A permanent resident who has rebuilt their life in Tampa, raised a family here, and established roots in the community can find all of that undone by a single conviction. Understanding that exposure early in the case shapes how defense strategy gets built.

Employment, professional licensing, and housing are additional pressure points. Many industries in Hillsborough County require background checks, and a felony firearms conviction is the kind of record that surfaces and creates barriers for years after any sentence is completed.

Questions People Ask About This Charge in Hillsborough County

Can I be charged with this offense if the firearm was not on my person?

Yes. Florida law reaches beyond actual physical possession. If prosecutors can argue that you had knowledge of the firearm’s presence and the ability to control it, you can be charged even if the weapon was in a drawer, a bag, or somewhere else in a shared space. Whether that theory holds up in court is a different question, and it depends heavily on the specific facts of your case.

Does it matter that my felony conviction was from another state?

Florida Statute 790.23 explicitly includes out-of-state felony convictions. However, the nature of the prior conviction, how it was classified, and whether civil rights or firearm rights were restored under the other state’s law can all affect whether the disqualification actually applies to you. This is worth examining carefully with an attorney before drawing any conclusions.

What if I did not know the firearm was in the location where it was found?

Lack of knowledge is a legitimate defense. The State must prove that you were aware the firearm was present. If it was concealed by someone else, placed there without your knowledge, or located in an area you did not regularly access, there is a factual basis to challenge the possession element. Documentation, witness accounts, and a careful review of how the firearm came to be in that location all become relevant.

Is there any possibility of a plea agreement that avoids a felony conviction?

Every case turns on its own facts and the specific prior record involved. In some situations, prosecutors may consider a lesser charge if the evidence has weaknesses, if there are mitigating circumstances, or if the prior conviction itself presents complications for the prosecution. Nothing is guaranteed, but a thorough evaluation of the case often reveals more options than people assume going in.

Will federal prosecutors also charge me?

Not automatically, but it happens. Federal and state charges can run in parallel, and federal sentences for felon-in-possession charges under 18 U.S.C. 922(g) can be significant. Whether federal involvement is likely in your case depends on factors including where the firearm came from, how the investigation began, and which agency made the arrest. Omar handles both state and federal matters and will assess that exposure from the start.

How quickly should I contact an attorney after an arrest on this charge?

As quickly as possible. Statements made to law enforcement before an attorney is involved can become part of the prosecution’s case. Evidence degrades or disappears. Witnesses become harder to locate. The earlier Omar can begin working on a case, the more complete the picture he can build.

Can this charge affect my ability to stay in the United States?

For non-citizens, yes. A conviction under Section 790.23 is likely to trigger removal proceedings. This makes early legal intervention especially critical, because defense strategy in these cases needs to account for immigration consequences alongside the criminal exposure.

Reach Out to OA Law Firm About Your Hillsborough County Firearms Charge

Omar Abdelghany handles each case in this office personally. Clients work directly with their attorney, not with staff members or associates. Omar has dedicated his practice entirely to criminal defense in the Tampa Bay area, and he brings that focus to every felon in possession case he takes on. He will review the full circumstances of your arrest, examine whether law enforcement followed proper procedure, analyze the evidence against you, and develop a defense strategy built around the actual facts. If you are facing a charge for possession of a firearm by a convicted felon in Hillsborough County, contact OA Law Firm to schedule an initial consultation and speak with Omar directly about where your case stands.