Lutz Possession of Firearm By Convicted Felon Attorney

A prior felony conviction changes your relationship with firearm rights permanently under both Florida and federal law. If you have been charged with possession of a firearm by a convicted felon in Lutz or the surrounding Pasco and Hillsborough County areas, the charge carries mandatory minimum sentences that leave very little room for error. Omar Abdelghany of OA Law Firm has defended clients against serious felony charges throughout the Tampa Bay region, including those facing Lutz possession of firearm by convicted felon accusations, and he personally handles every case from first appearance through resolution.

What the State Must Actually Establish in These Cases

Florida Statute 790.23 makes it a second-degree felony for any person who has been convicted of a felony to own or have in their care, custody, possession, or control any firearm. The statute applies broadly. It does not matter whether the prior felony was violent or nonviolent, whether it occurred in Florida or another state, or how long ago the conviction happened. Federal law under 18 U.S.C. 922(g) runs parallel to Florida’s prohibition and carries its own separate consequences.

To secure a conviction, the State must prove three things beyond a reasonable doubt: that the defendant had a prior qualifying felony conviction, that the defendant possessed a firearm, and that the defendant knew they were in possession of it. The knowledge element matters more than it might seem. Constructive possession cases, where a firearm is found in a shared space like a vehicle or home rather than on someone’s person, require the prosecution to establish both that the defendant knew the firearm was present and that the defendant had the ability and intent to exercise control over it. That distinction has produced acquittals and charge dismissals in circumstances where law enforcement assumed the case was straightforward.

Sentencing Exposure Under Florida’s 10-20-Life Framework

Florida’s 10-20-Life statute interacts directly with felon-in-possession charges in ways that can dramatically increase prison exposure depending on how the underlying facts are alleged. A basic charge under 790.23 carries up to fifteen years in state prison as a second-degree felony. However, if the prosecution alleges that the firearm was used or discharged during the commission of another felony offense, minimum mandatory terms of ten or twenty years attach, and some scenarios carry life sentences.

The Florida Criminal Punishment Code also scores prior felony convictions as prior record points, which can push the recommended sentence well above the statutory minimum even without 10-20-Life enhancements. Someone with multiple prior felony convictions facing a felon-in-possession charge in a Pasco County or Hillsborough County court is looking at a scoresheet that may already produce a recommended prison sentence before the judge has any discretion. Understanding the scoresheet arithmetic early in the case is not optional. It determines the entire negotiating posture.

Federal prosecution is a separate and often more serious matter. If the case involves a firearm that crossed state lines, which most commercially manufactured firearms have, or if the investigation involved a federal agency, the case may be charged under federal law rather than state law. Federal sentencing guidelines carry their own enhancements based on criminal history, and there is no parole in the federal system. Omar Abdelghany is licensed in the U.S. District Court for the Middle District of Florida, which covers the Tampa Bay area, and handles federal felon-in-possession cases as well.

Where These Cases Break Down for the Prosecution

Felon-in-possession charges are frequently treated as automatic convictions by defendants who assume a gun was found and the case is over. That assumption deserves careful scrutiny before any decisions are made. Several defense approaches regularly arise in these cases, and whether any applies depends entirely on the specific facts.

Fourth Amendment suppression is the most common avenue. If law enforcement searched a vehicle, home, or person without a valid warrant, without a recognized exception to the warrant requirement, or based on a traffic stop that lacked reasonable suspicion from the outset, the firearm itself may be inadmissible. Without the firearm in evidence, the charge typically cannot survive. Lutz sits at the intersection of State Road 54 and the Suncoast Parkway corridor, where traffic enforcement activity is consistent and stop-and-search patterns sometimes produce legally vulnerable searches.

Constructive possession defenses apply when the firearm was not found on the defendant’s person. Courts have reversed convictions where multiple people had equal access to a space where a gun was found and the prosecution could not establish that the defendant specifically exercised dominion over it. The presence of other individuals, the location of the firearm relative to belongings, and the defendant’s statements at the time of arrest all factor into this analysis.

There are also cases where a prior conviction is the defective element. Certain out-of-state felonies do not qualify as predicate offenses under Florida law. Convictions that were expunged or set aside under another state’s procedure may not trigger the prohibition. Withheld adjudications in Florida generally do not constitute a conviction for purposes of the statute. Whether the prior record actually supports the charge requires a careful review of the underlying documents, not just a quick database search.

Questions People in Lutz Ask About These Charges

Does it matter that I only had the firearm for self-defense purposes?

Intent to harm someone is not an element of the charge. The statute prohibits possession regardless of why the person had the firearm. A self-defense purpose does not serve as a legal defense to the charge itself, though it may be relevant to other charges alleged in the same case. The only path forward is challenging the evidence that possession occurred at all, or challenging the validity of the prior conviction as a qualifying predicate.

What if my civil rights were restored after my felony conviction?

Florida’s rights restoration process is complicated and does not automatically restore firearm rights. In Florida, even a full restoration of civil rights does not restore the right to possess a firearm unless firearm rights are specifically included in the restoration order. Federal law has its own standards, and a state restoration does not automatically relieve federal prohibitions. If you believe your rights were restored, the exact terms of that restoration need to be examined closely before drawing any conclusions.

Can a felon-in-possession charge be reduced to a lesser offense?

It depends on the facts, the defendant’s history, and the assigned prosecutor’s position. Some jurisdictions and prosecutors are more open to amended charges or diversion in cases with factual weaknesses. In cases with mandatory minimum exposure, prosecutors have less flexibility absent substantial cooperation or a successful suppression motion. The strength of the defense is usually what creates the leverage for any negotiated resolution.

Will I be prosecuted in state court, federal court, or both?

That decision belongs to the prosecutors. State and federal charges are separate sovereigns, and double jeopardy does not prevent both from prosecuting the same conduct. In practice, Lutz cases involving Pasco County or Hillsborough County law enforcement tend to be filed in state court, but cases arising from task force operations, drug investigations, or arrests involving federal agents often move to federal court. The forum affects everything from sentencing exposure to release conditions.

What happens at the first appearance after an arrest on this charge?

A judge will review the probable cause for arrest and set bail conditions. Given the seriousness of a second-degree felony and the presence of a prior record, detention or high bond is common. Having an attorney present or actively working the case from day one affects bond arguments and preserves options early in the case that become unavailable later.

How does this charge affect any pending immigration status?

Firearms offenses carry serious immigration consequences for non-citizens. A conviction under 790.23 can trigger deportability, inadmissibility, or bars to naturalization depending on the person’s status. Federal firearms convictions are particularly damaging under immigration law. Any non-citizen facing this charge should ensure their defense attorney understands that dimension of the case before any plea discussions occur.

Facing a Felon-in-Possession Case in the Lutz Area

OA Law Firm handles criminal defense for clients throughout the Tampa Bay region, including those charged in Pasco County courts in New Port Richey and Hillsborough County courts in Tampa. Lutz sits across both counties, and where a case is filed affects venue, judge assignment, and local prosecution practices. Omar Abdelghany practices in both county circuits and in federal court, so the forum does not require a referral or a handoff to another lawyer.

Omar personally manages every case at this firm. That is not a marketing statement. It means the attorney who evaluates your file, develops the defense strategy, and appears in court is the same person you speak with when you call. For a charge carrying the kind of prison exposure that a felon in possession of a firearm charge creates, that consistency is not a minor detail.

If you or someone you know has been arrested on a felon in possession of a firearm charge in Lutz or the surrounding area, contact OA Law Firm to schedule a consultation with Omar Abdelghany. He is available around the clock and will assess the facts of your case directly.