Brandon Firearm Disability Defense Lawyer

You Need to Know If the State Can Actually Prove This

Florida bans convicted felons from owning or touching a firearm, ammunition, or a stun gun. It usually does not matter if the gun was never fired. But if it was locked away and you truly had no way to get to it, that can matter. The state has to show you could actually reach or control the gun, not just that it was nearby.

You need to know if prosecutors can actually prove you knew the gun was there. A Brandon criminal defense lawyer can often tell you what prosecutors may be able to prove after reviewing the facts of your case.

Paul Figueroa spent eight years at the Hillsborough County Public Defender’s Office, rising to Felony Division Chief. He has sat on both sides of a felony courtroom. That means he knows how these cases get built and where they tend to fall apart.

Reach out before your first court date. Learn exactly what the state must prove, and how to protect your legal rights now.

Firearm Disability Charges We Defend in Brandon and Across Hillsborough County

We handle firearm disability charges built on many different facts, not just one story. Florida’s felon in possession law reaches far beyond the obvious case. The charge can start with almost any contact with law enforcement and include:

• Actual possession charges: the gun was found on your body or within immediate reach.
• Constructive possession charges: the gun was found in your car, home, or someone else’s property.
• Ammunition-only charges: you never touched a firearm, only bullets or shells linked to you.
• Prior conviction disputes: your earlier felony was reduced to a lesser charge, or happened in another state in a way that may not count under Florida’s law.
• Restored rights cases: your civil rights and firearm rights were restored before this arrest.
• Federal firearm charges: the same conduct charged under federal law instead of Florida law.

What a Hillsborough County Firearm Possession Conviction May Cost You

Florida charges felon in possession of a firearm as a second-degree felony. That alone can mean up to 15 years in prison. If the gun was in your hand or within reach, Florida adds a mandatory minimum. That minimum is three years in prison, and a judge cannot waive it (Fla. Stat. § 775.087(2)(a)1). A conviction also follows you long after the case ends. It can block jobs, housing applications, and professional licenses for years. It can damage your reputation in the community.

Prosecutors do not need to find the gun on you. Usually they must show you knew about it and could control it. However, being near it is not enough on its own if the gun was found somewhere you shared with other people, such as a car, house, or room used by more than one person. The state also needs separate proof tying it to you. This could include your own statements, witness testimony, or fingerprints.

Why It Matters Whether Brandon Police or Federal Agents Filed Your Case

Most Brandon firearm arrests become state charges under Florida law. Those cases are heard at the Criminal Courthouse Annex in downtown Tampa. The same conduct can also become a federal charge under 18 U.S.C. § 922(g). Federal cases move through the Sam M. Gibbons United States Courthouse instead.

Federal sentencing rules and plea options work differently than Florida’s. Federal cases often carry fewer paths to a reduced charge. Paul Figueroa Law is admitted to Florida courts and to federal court here in Florida.

Firearm Disability Defense Questions From Brandon Clients

Do I need a lawyer right away for a firearm disability charge?

Yes, a lawyer can be helpful right away. Florida can hold you without bond, depending on your record. Early evidence review often decides whether the mandatory minimum applies to you.

What does a firearm disability defense in Brandon cost?

Cost depends on your charge, your record, and the evidence involved. Ask about your options during your first call, before you decide anything.

What if I did not know it was illegal for me to have a gun?

The state still must prove you knew about the gun itself. Whether you understood the law is a separate question your attorney can raise, but it may not be enough to prevent criminal charges.

Can my firearm rights already be restored?

Yes, in some cases civil rights and firearm rights get restored. If yours were restored before this arrest, the charge may not hold up.

What if the gun was not mine?

Ownership is not what Florida’s law actually requires. Prosecutors must show you knew about it and had access to it.

Where will my case be heard if I was arrested in Brandon?

Most Hillsborough County firearm cases move to the Criminal Courthouse Annex in Tampa. Federal charges move to the Sam M. Gibbons United States Courthouse instead.

Will a conviction affect my job or my gun rights going forward?

Yes, a felony conviction can affect jobs, housing, and professional licenses. It also extends how long your firearm rights stay restricted.

Can a firearm disability charge be reduced or dismissed?

Sometimes. It depends on how the gun was found and what the state can prove. A close review of the stop and the search often reveals options. The arrest report alone will not show them.

What happens at my first court appearance in Hillsborough County?

A judge reviews the charge and sets or denies bond within 24 hours of your arrest. Having an attorney review your case before that hearing can change how it goes.

A short call now can answer your questions.

Talk to a Brandon Firearm Disability Defense Lawyer Before Your Next Court Date

You do not have to figure out whether the mandatory minimum sentence applies on your own or if you have a defense that could prevent a conviction. Contact Paul Figueroa Law to schedule a confidential consultation about your firearm disability charge.

Bring your arrest paperwork if you have it. We will walk through what the state has to prove. The sooner we look at your case, the more options may remain on the table.