Gun violence is a hot button issue and is rife with strong opinions both for and against firearm possession. Nonetheless, crimes involving firearms are aggressively pursued by prosecutors and the penalties can be harsh for those that break the law by illegally possessing or using a gun. A conviction can result in the offender having a permanent criminal record, serving time in prison, and having difficulty obtaining future housing or employment. Omar Abdelghany is a Tampa lawyer with experience in handling gun and firearm cases. He has been licensed since 2013 and is licensed in both state and federal court. Contact our office today to speak with a criminal defense attorney.
Tampa lawyer handling state and federal charges involving felons who possessed firearms
Florida and federal law prohibit the possession of a firearm by someone who has been convicted of a felony. Under 18 U.S.C. 922(g), one who possesses a firearm after having been convicted of a felony or of domestic violence may be subject to federal charges. Similarly, under Florida Statute 790.23, a felon that knowingly possesses a firearm will receive a mandatory minimum sentence of three years and could face up to a maximum of fifteen years in prison. It is important to remember that based on the circumstances of the possession, such as whether the felon was using the weapon during the commission of another crime, additional penalties may be imposed.
How a felon in possession case begins will depend, in part, on whether you are charged by the state of Florida or in federal court. The defendant will enter a “not guilty” plea after a probable cause determination has been made and the matter will be set for trial. The prosecution will provide the defense with any arrest reports, witness statements, or other evidence which must be disclosed under Brady v. Maryland. Gun cases often hinge on any evidence that officers obtained through a search, including the seizure of the actual weapon. If such a search violated the defendant's Fourth Amendment rights then it may be possible to have the weapon excluded from evidence. Depending on the facts of the case, such an exclusion may result in a dismissal of the charges. If a dismissal cannot be accomplished then it is the prosecution's burden to prove, beyond a reasonable doubt, that the defendant knowingly possessed the weapon. These types of cases often involve complex legal issues and it is crucial that you retain an experienced attorney as soon as you are arrested.
Omar Abdelghany is a Tampa lawyer assisting felons that have been charged with possessing a firearm. Before your initial consultation begins, Omar will gather information about your case by reviewing the probable cause affidavit, arrest reports, and any other public documents. He will then use your initial consultation to hear your side of the story and advise you on what you can expect as your case moves forward. He will obtain all available discovery and file any necessary Motions if he believes that law enforcement violated your rights. Omar will aggressively examine the arresting officers at an evidentiary hearing and will argue for dismissal of the charges. If necessary, Omar will not hesitate to take your case to trial and will ensure that your rights remain protected throughout the process.
Omar also serves clients in Bradenton, Brandon, Clearwater, Lakeland, Largo, Palm Harbor, Sarasota, Spring Hill, St. Petersburg and Tampa.
Tampa City criminal defense attorney handling other charges which involve guns
There are many other types of criminal charges which involve guns. A weapon may have been used during the commission of an assault and battery or during a domestic violence incident. A person may also face firearm charges if they possessed a gun while engaging in drug trafficking. Regardless of the situation, it is important that you retain an experienced lawyer. Omar dedicates his practice to defending the rights of the accused and we are honored to serve those in Tampa and elsewhere. Call today.