Pinellas County Possession of Firearm By Convicted Felon Attorney
A prior felony conviction does not end in a courtroom. It follows a person into nearly every aspect of life, including the right to possess a firearm. For anyone charged with possession of a firearm by a convicted felon in Pinellas County, the charge carries mandatory prison time under Florida law, and the prosecution takes these cases seriously. Omar Abdelghany of OA Law Firm defends clients facing this charge throughout the Tampa Bay area, including Pinellas County, and handles every case personally from start to finish.
What Florida Law Actually Requires the State to Prove
Under Florida Statute 790.23, it is unlawful for a person who has been convicted of a felony in any court to own or possess a firearm, ammunition, or an electric weapon. The charge applies regardless of whether the firearm was loaded, whether it was fired, or whether the person was doing anything threatening with it. Mere possession is enough.
To secure a conviction, the prosecution must establish two core things: that the defendant had a prior qualifying felony conviction, and that the defendant knowingly possessed a firearm. “Knowingly” is where defense work begins. If the defendant did not know a firearm was present, for example, in someone else’s bag or vehicle, that is a factual dispute the prosecution still has to win.
The State will typically use the official record of the prior conviction, certified copies from the court that entered the judgment. On the possession element, they will rely on the arresting officer’s account, physical evidence collected at the scene, and sometimes witness statements. Understanding exactly how that evidence was gathered matters enormously to how a defense takes shape.
The Mandatory Minimum Problem and What That Means at Sentencing
Possession of a firearm by a convicted felon is a second-degree felony in Florida, punishable by up to fifteen years in prison. Under the 10-20-Life statute, if the firearm was used or discharged during the commission of certain offenses, mandatory minimum sentences apply and cannot be suspended, deferred, or withheld by a judge.
Even without a separate underlying offense, a second-degree felony on a person who already carries a prior record often scores significant prison time under Florida’s Criminal Punishment Code. The scoresheet calculation assigns points based on the primary offense, prior record, and any additional charges. Defendants with multiple prior convictions frequently score into a range where a guidelines sentence means years, not months.
This is why early intervention matters. Before the case proceeds through the circuit court system at the Pinellas County Justice Center in Clearwater, there may be opportunities to challenge the evidence, contest the stop or search that produced the firearm, or explore whether a resolution short of trial is available. Waiting to address these issues narrows the options available.
How Firearms Get Found, and Where the Defense Often Lives
Pinellas County law enforcement encounters these cases in a variety of ways. Traffic stops on US-19, I-275, or Gulf-to-Bay Boulevard sometimes produce weapons during a search of a vehicle. Calls to a residence in St. Petersburg, Clearwater, Largo, or Dunedin may result in officers conducting a search incident to arrest. In some cases, the firearm is discovered during a probation or parole compliance check.
Each of these scenarios raises its own Fourth Amendment questions. Was the traffic stop lawful in the first place? Did the officer have articulable reasonable suspicion to extend the stop and conduct a search? Was the search of the vehicle, home, or person conducted with a valid warrant, or does a recognized exception actually apply? If law enforcement violated the defendant’s constitutional rights in obtaining the evidence, a motion to suppress could render the firearm inadmissible. A case without the firearm often cannot proceed.
Constructive possession is another avenue. When a firearm is found in a shared space, like a car with multiple passengers or a home with multiple residents, the State cannot simply point to proximity. It must show the defendant knew the firearm was there and had the ability and intent to exercise control over it. That is a fact-specific inquiry, and the evidence does not always hold up when examined closely.
Omar reviews every police report, the search warrant affidavit if one exists, body camera footage, and any recorded statements before identifying which challenges are viable. No stone gets left unturned because in felony firearm cases, a single suppressed piece of evidence can change the outcome entirely.
Questions Clients Ask About This Charge in Pinellas County
Can this charge be reduced to a lesser offense?
In some circumstances, yes. Whether a reduction is possible depends on the strength of the evidence, the defendant’s record, and the specific facts of the case. Possession of a firearm by a felon does not carry the same negotiating flexibility as some other charges, but prosecutors have discretion, and a well-prepared defense attorney can sometimes create pressure that leads to a different resolution. This is not guaranteed, and every case turns on its own facts.
Does it matter that the firearm belonged to someone else?
Ownership is not the legal standard. Possession is. However, if you did not own the firearm, did not know it was present, and did not exercise any control over it, that goes directly to whether the State can prove knowing possession. Physical presence near a firearm is not the same thing as possessing it, and that distinction matters in court.
What happens if the prior felony conviction was from another state?
Florida Statute 790.23 covers convictions from any court, not just Florida courts. An out-of-state felony conviction qualifies. The prosecution will obtain certified court records from the other jurisdiction to establish the prior conviction as part of its case.
Can a civil rights restoration or pardon affect this charge?
If firearm rights were formally restored through a proper legal process, that could be a defense to the charge. However, this area is legally specific, and not all forms of clemency or rights restoration cover firearms. Whether a prior restoration applies to your situation is something that needs to be analyzed carefully based on the actual documentation and the jurisdiction involved.
Will this charge affect immigration status?
A conviction for possession of a firearm by a convicted felon is an aggravated felony under federal immigration law. For non-citizens, this can trigger removal proceedings, bars to naturalization, and other serious consequences. If you are not a U.S. citizen, this dimension of the case needs to be considered from the beginning, not after a plea is entered.
What court handles this case in Pinellas County?
Felony charges in Pinellas County are handled by the Sixth Judicial Circuit Court, which sits at the Pinellas County Justice Center in Clearwater. The prosecution is handled by the Office of the State Attorney for the Sixth Judicial Circuit. Omar is familiar with the Pinellas County courts and appears regularly throughout the Tampa Bay area.
How quickly should I contact an attorney after this type of arrest?
Immediately. Statements made to law enforcement in the hours after an arrest can be used against you, and decisions about bond, charges filed, and initial hearings happen quickly. Having counsel involved early affects what happens at first appearance and shapes the entire trajectory of the case.
Defending a Felony Firearm Charge in the Pinellas County Courts
Omar Abdelghany founded OA Law Firm on the principle that everyone deserves serious representation, regardless of the charges they face. When you retain OA Law Firm, Omar personally handles your case. You will not be passed off to a paralegal or an associate. He will review the evidence, communicate with you directly and regularly, and develop a defense based on the actual facts of your situation.
Omar is licensed in all Florida courts and in federal court in the U.S. District for the Middle District of Florida. He has handled hundreds of criminal cases in Florida courts and brings that experience to every client in the Tampa Bay area, including those charged in Pinellas County. His office is available around the clock, and he provides his cell number to clients so they have direct access when they need it.
A charge of possession of a firearm by a convicted felon in Pinellas County carries real consequences that can reshape the rest of your life. Reaching out early gives an attorney the best opportunity to build the strongest possible defense on your behalf. Contact OA Law Firm to speak with Omar Abdelghany directly about your case.
