Wesley Chapel Possession of Firearm By Convicted Felon Attorney

A prior felony conviction changes almost everything about how Florida law treats you, including your right to possess a firearm. The moment you are found with a gun, whether it was loaded or not, whether it was yours or someone else’s, Florida law imposes consequences that can put you in state prison for years. If you are dealing with this charge in Wesley Chapel or anywhere in Pasco County, Omar Abdelghany of OA Law Firm handles exactly these cases. As a Wesley Chapel possession of firearm by convicted felon attorney, Omar personally manages every aspect of your defense, which means you will talk to your lawyer, not a paralegal or a rotating associate, every time you have a question.

What Florida Actually Charges You With, and Why the Penalties Are So Heavy

Under Florida Statute 790.23, any person who has been convicted of a felony in Florida, in another state, or in federal court is prohibited from owning, possessing, or having a firearm under their care, custody, or control. The statute sweeps broadly. “Constructive possession,” which means the firearm was accessible to you and you knew it was there, is enough. You do not need to be holding the weapon.

The base charge is a second-degree felony, carrying a maximum of fifteen years in state prison. But the exposure often increases significantly once prosecutors and judges apply Florida’s 10-20-Life sentencing structure. If the firearm was simply possessed, the mandatory minimum is three years. If the firearm was carried during a felony, that floor jumps to ten years. These are minimums, meaning a judge has limited flexibility to go below them regardless of circumstances, prior record, or anything else. Probation is not a substitute for the mandatory term. This is what makes the charge so consequential and why how the defense is built matters so much from the very first hearing.

Pasco County cases, including those originating in Wesley Chapel and the surrounding communities of Zephyrhills, Land O’ Lakes, and New Tampa, are handled in the Sixth Judicial Circuit. If federal law enforcement was involved or if the charge involves firearms that crossed state lines, the case could move to federal court in Tampa, where Omar is also licensed to practice.

Where These Cases Come From and What Evidence Actually Looks Like

Possession of a firearm by a convicted felon charges in Wesley Chapel tend to arise in a handful of predictable situations. Traffic stops on State Road 56, Interstate 75, or the Suncoast Parkway are one common source. An officer pulls a vehicle over for something routine, the stop escalates, and a weapon is discovered in the car. Vehicle searches in particular raise significant constitutional questions about whether the officer had the legal authority to search in the first place.

Home searches are another common source. A search warrant executed at a Wesley Chapel residence turns up a firearm that may have belonged to multiple people in the household. In those situations, the state has to prove that you, specifically, knew the weapon was there and had the ability to exercise control over it. When a gun is found in a shared space, that proof is not automatic and is often far more contested than it appears on paper.

Law enforcement encounters at the scene of a domestic disturbance, a reported theft, or even a noise complaint can also lead to this charge. A deputy responds, someone mentions a firearm, and suddenly a prior felony conviction becomes the center of the case. The facts of how the weapon was discovered, what was said before or after, and whether any rights were violated during the encounter are all worth scrutinizing carefully.

Defense Approaches That Actually Apply to This Charge

The defense strategy in a felon in possession case depends heavily on what the evidence actually shows, not what the arrest report says it shows. Omar reviews the police reports, body camera footage where available, search warrant affidavits, and witness statements to identify where the state’s case may be vulnerable.

Fourth Amendment challenges are common and genuinely effective. If the stop that led to discovery of the firearm lacked reasonable suspicion, or if the search that produced the weapon was conducted without proper authorization, a motion to suppress can knock out the core evidence. Without the gun, there is no case. These are not technicalities. They are the rules law enforcement agreed to follow, and when they do not, the evidence does not come in.

Constructive possession is another area worth examining closely. Proving that someone constructively possessed a weapon requires evidence of both knowledge and control. If a firearm was in a shared vehicle, a mutual living space, or a location with multiple occupants, the state may struggle to establish that you, rather than someone else, were the one in possession.

In some cases, the underlying felony conviction itself merits examination. Was the prior conviction subject to civil rights restoration? Were the adjudication or plea procedures in the original case handled correctly? These questions do not arise in every case, but where they do, they can significantly change the picture.

Questions Wesley Chapel Residents Ask About This Charge

Does it matter what type of firearm was involved?

The type of firearm can affect charging decisions and sentencing, but the base prohibition under Florida law applies to firearms broadly. Handguns, shotguns, and rifles all fall within the statute. Certain other weapons may trigger separate charges or enhancements. The specific facts of what was found and where matter to how the case is charged and argued.

What if the gun was not loaded or was not functional?

Florida’s statute does not require the firearm to be loaded or operable. Even an unloaded or broken firearm can support the charge. That said, the circumstances around what was found are still relevant to how the defense is constructed and how a jury might view the facts.

Can I be charged if the firearm was registered to someone else?

Ownership and possession are separate concepts under Florida law. If you had control over or access to a firearm, you can face a possession charge regardless of who the registered owner is. Conversely, if you can demonstrate that you had no knowledge of the firearm and no ability to control it, ownership by another person supports that defense.

Does a federal conviction count as a predicate for Florida’s felon-in-possession law?

Yes. Florida Statute 790.23 expressly includes prior federal convictions as disqualifying. A federal felony from any district, whether entered recently or decades ago, creates the prohibition under Florida law.

What happens at the first court appearance after this arrest?

A first appearance will typically happen within twenty-four hours of arrest. A judge reviews the charges and sets conditions of release or denies bond. Because this is a second-degree felony with potential mandatory minimum exposure, prosecutors will often push for a high bond or no release at all. Having counsel at this stage matters because the arguments made at first appearance can affect whether you remain in custody during the rest of the case.

How long does a case like this take to resolve in Pasco County?

There is no fixed timeline. Straightforward cases with limited evidence disputes sometimes resolve faster. Cases involving suppression hearings, contested facts about possession, or significant prior criminal history tend to take longer. The discovery process, pre-trial motion practice, and negotiation with the state attorney’s office all factor into the timeline.

Will this charge affect any immigration status?

A conviction for this charge is an aggravated felony under federal immigration law and carries severe immigration consequences, including potential removal. Non-citizens facing this charge should ensure their attorney is aware of their immigration status so the full range of consequences can be factored into any defense decisions or plea discussions. Omar handles federal matters and understands how state criminal proceedings intersect with immigration outcomes.

Speak With a Wesley Chapel Firearm Charge Defense Attorney Today

OA Law Firm was founded on the principle that every person charged with a crime deserves full, attentive representation regardless of the seriousness of the charge. Omar Abdelghany personally handles every case in the office, which means no handoffs, no confusion about who knows your file, and no waiting for an associate to return your call. If you are looking for a felon in possession defense attorney serving Wesley Chapel and Pasco County, contact OA Law Firm to speak directly with Omar about your situation. The office is available around the clock to take your call.