Charlotte County Felon in Possession of a Firearm Lawyer

Felon in possession cases are among the most aggressively prosecuted weapon charges in Florida, and Drew Fritsch has seen firsthand how quickly these cases escalate once charges are filed. As a former Charlotte and Lee County prosecutor, he has worked on both sides of these cases and understands exactly how the state builds its evidence, what arguments prosecutors rely on, and where those arguments can be challenged. When you need a Charlotte County felon in possession of a firearm lawyer, the attorney handling your case should have a detailed understanding of both the law and the local courts where your case will be decided.

What Florida Law Actually Says About Felons and Firearms

Florida Statute Section 790.23 makes it a second-degree felony for any person who has been convicted of a felony to own, possess, or have under their care, custody, or control any firearm, ammunition, or electric weapon or device. The law is broadly written by design. “Possession” under Florida law is not limited to holding a firearm in your hands. Constructive possession, meaning having access to and control over a firearm even if it is stored in a vehicle, home, or shared space, is enough for prosecutors to pursue charges.

A second-degree felony in Florida carries a maximum sentence of fifteen years in state prison, and Florida’s 10-20-Life law can dramatically alter sentencing outcomes depending on whether the firearm was actually used or discharged during an alleged offense. Prior felony convictions, even those from other states or federal court, can trigger this statute. Florida also does not require that the underlying felony be recent. A conviction from decades ago, regardless of how the individual has lived their life since, still triggers the prohibition under Section 790.23.

One detail that surprises many people is that the prohibition extends beyond traditional firearms to include electronic weapons and certain ammunition types. If a person was convicted of a qualifying felony in another state and later moved to Charlotte County, Florida law still applies. The state does not require that the firearm was stolen, loaded, or used in any crime. Simple possession is the threshold, and prosecutors in Charlotte County pursue these cases with that in mind.

How These Cases Move Through the Charlotte County Court System

Felony charges in Charlotte County are handled at the Charlotte County Justice Center, located in Punta Gorda on Murdock Circle. After an arrest, the accused will appear for a first appearance hearing, typically within twenty-four hours, where a judge reviews the probable cause affidavit and sets bond conditions. In felon in possession cases, prosecutors frequently argue for high bond or no bond, particularly if the underlying circumstances involved alleged threats, a traffic stop, or any contact with law enforcement that they characterize as dangerous. Retaining experienced defense counsel before or immediately after this hearing can make a real difference in early bond arguments.

Following first appearance, the case proceeds through arraignment, where formal charges are entered and a plea is entered on the record. Discovery follows, during which the defense has the right to examine all police reports, body camera footage, chain of custody records for the firearm, witness statements, and any forensic evidence. This is the stage where experienced defense work begins in earnest. Drew Fritsch uses the discovery process to scrutinize how the firearm was discovered, whether the stop or search that led to its discovery was constitutionally sound, and whether the state can actually prove the element of knowing possession beyond a reasonable doubt.

Charlotte County felony cases may resolve through pretrial motions, negotiated plea agreements, or trial. Suppression motions are particularly significant in felon in possession cases. If law enforcement conducted an unlawful stop, search, or seizure in violation of the Fourth Amendment, the firearm itself may be inadmissible as evidence. Without the firearm, the state’s case collapses. Not every case results in suppression, but the analysis must always be done thoroughly and early.

The Fourth Amendment Analysis That Can Change the Outcome

Many felon in possession charges arise from traffic stops, pedestrian encounters, or searches of vehicles and residences. Each of those entry points carries constitutional requirements that law enforcement must satisfy. A traffic stop must be based on articulable reasonable suspicion. A search of a vehicle requires either a valid warrant, consent, probable cause under the automobile exception, or another recognized exception to the warrant requirement. Residential searches generally require a warrant absent exigent circumstances or valid consent.

When officers deviate from those requirements, the exclusionary rule provides that evidence obtained through the unlawful conduct cannot be used against the defendant at trial. Drew Fritsch’s experience as a former prosecutor gives him a precise understanding of how these arguments are framed and evaluated in court. He knows which facts matter most to a judge ruling on a suppression motion, and he knows how prosecutors will attempt to justify the search under one of the recognized exceptions. That dual perspective is practically valuable in preparation for suppression hearings.

Constructive possession cases present their own constitutional and evidentiary complexity. When multiple people have access to a vehicle or home where a firearm is found, the state must prove that the defendant had knowledge of the firearm and the ability and intent to exercise dominion and control over it. Those elements are not always easy to establish beyond a reasonable doubt, particularly in situations involving shared spaces. Thorough analysis of the physical location of the firearm, what was found near it, who else was present, and how law enforcement documented the scene can reveal significant weaknesses in the prosecution’s theory.

Federal Charges Can Run Parallel to Florida State Charges

One aspect of felon in possession cases that receives less attention than it should is the potential for federal prosecution under 18 U.S.C. Section 922(g). Federal law also prohibits felons from possessing firearms, and the penalties under federal sentencing guidelines can be even more severe than what Florida imposes, particularly when prior convictions trigger Armed Career Criminal Act enhancements. In some cases, federal prosecutors will adopt a case that originated as a state arrest, especially if the firearm crossed state lines or if the defendant has a significant prior record.

The decision of whether to prosecute in state or federal court rests with the government, not the defendant. Understanding this dynamic matters because the procedural rules, evidentiary standards, and sentencing structures differ substantially between Florida state court and the federal courts of the Middle District of Florida. While Drew Fritsch Law Firm, P.A. focuses on criminal defense in Southwest Florida state courts, being aware of federal exposure is part of the holistic analysis that shapes how a case should be approached from the beginning.

Common Questions About Felon in Possession Charges in Charlotte County

Can a prior felony conviction be challenged as part of my defense?

In limited circumstances, yes. Florida Statute Section 790.23 specifically lists certain categories of prior convictions that trigger the prohibition, including felony convictions in Florida, other states, federal court, and certain juvenile adjudications. If the prior conviction was vacated, set aside, or the civil rights of the defendant were restored under applicable law, that may affect whether the prohibition applies. These arguments are highly fact-specific and require careful review of the prior conviction records and any post-conviction proceedings.

What does the state have to prove beyond a reasonable doubt?

The prosecution must prove that the defendant was previously convicted of a qualifying felony, that the defendant knew the firearm or weapon was present, and that the defendant had actual or constructive possession of it. Each element must be established beyond a reasonable doubt. The knowledge and possession elements are where the defense often finds the most significant room to work, particularly in cases involving shared vehicles or residences.

Does it matter if the firearm was unloaded or belonged to someone else?

Under Florida Statute Section 790.23, whether the firearm was loaded is not an element of the offense. The statute does not require the firearm to be operable or loaded. However, in sentencing, Florida’s 10-20-Life statute can affect outcomes if the firearm was actually used during the commission of another felony. Ownership is also not what the statute addresses. Possession, as defined under Florida law, is the controlling concept.

Can the charge be reduced or dismissed through a plea agreement?

Outcomes vary significantly depending on the facts of each case, the defendant’s prior record, and the strength of the state’s evidence. In some cases, prosecutors may offer reduced charges or sentencing concessions, particularly where evidentiary issues exist. In cases with strong suppression arguments, the state may decline to prosecute if the primary evidence is at risk of exclusion. These outcomes require careful negotiation and strategic positioning from the outset of representation.

What is the difference between actual and constructive possession?

Actual possession means the defendant physically had the firearm on their person at the time of the alleged offense. Constructive possession means the firearm was not on the defendant’s person but was in a location the defendant had access to and control over, and the defendant knew about it. Florida courts have extensively litigated the contours of constructive possession, and it is a much harder element for prosecutors to prove when multiple individuals had access to the same location.

Will a conviction automatically result in prison time?

A second-degree felony conviction under Section 790.23 does not automatically result in a mandatory minimum sentence unless the facts trigger Florida’s 10-20-Life provisions or the defendant qualifies as a Prison Releasee Reoffender or Habitual Felony Offender under Florida law. However, the Florida Criminal Punishment Code does score these offenses at a level that often results in presumptive prison sentences, particularly when combined with prior record points. The scoring and sentencing guidelines must be analyzed early in the case.

Communities Throughout Southwest Florida Where Drew Fritsch Law Firm Provides Defense Representation

Drew Fritsch Law Firm, P.A. represents clients facing felony weapon charges throughout Southwest Florida. The firm serves clients across Charlotte County, including Punta Gorda, Port Charlotte, Charlotte Harbor, Rotonda West, and Englewood, communities that range from the historic downtown waterfront along the Peace River to the quieter residential areas near Rotonda Boulevard and the Cape Haze Peninsula. In Lee County, the firm represents clients in Fort Myers, Cape Coral, Estero, and Lehigh Acres, areas where law enforcement activity on major corridors like US-41 and Colonial Boulevard frequently generates weapon-related arrests. The firm also serves clients in portions of Collier and Sarasota counties where criminal charges require the same level of aggressive, experienced defense.

A Charlotte County Felon in Possession Defense Attorney Ready to Move on Your Case

Felon in possession charges demand immediate, focused attention from someone who understands how these cases are built and where they can be dismantled. Drew Fritsch’s background as a former Charlotte and Lee County prosecutor, combined with his AV rating from Martindale-Hubbell, reflects the level of preparation and courtroom experience he brings to every case. From the initial appearance in the Charlotte County Justice Center through discovery, suppression hearings, and any trial or negotiated resolution, Drew Fritsch Law Firm, P.A. is prepared to act now. If you are facing charges under Florida Statute Section 790.23, contact our firm today to speak directly with a Charlotte County felon in possession of a firearm attorney about your case and your options.