Lee County Felon in Possession of a Firearm Lawyer

Law enforcement agencies in Lee County, including the Lee County Sheriff’s Office and the Fort Myers Police Department, tend to build felon-in-possession cases around a narrow set of facts: proximity to a weapon, statements made during or after arrest, and the existing criminal record. That approach, while often effective for securing charges, also creates specific points of attack for the defense. A Lee County felon in possession of a firearm lawyer who understands how local prosecutors and law enforcement construct these cases can identify where the evidence is thin, where constitutional violations occurred, and where the government’s theory breaks down under scrutiny.

How Florida Law Defines This Offense and Why the Penalties Are Severe

Under Florida Statute Section 790.23, it is a second-degree felony for any person who has been convicted of a felony to own, possess, or have under their control any firearm. The statute applies broadly, reaching not just actual physical possession but also constructive possession, which is the legal theory that a person controls a firearm even when it is not physically on them. Second-degree felony status carries a maximum sentence of fifteen years in Florida state prison, and prosecutors in Lee County do not treat these charges lightly.

What makes this offense particularly consequential is the interaction with federal law. Under 18 U.S.C. Section 922(g)(1), federal prosecutors also have jurisdiction over felon-in-possession charges, and federal convictions in the Middle District of Florida carry mandatory minimum sentences that Florida law does not always impose. Cases originating from a traffic stop on U.S. 41 or Interstate 75 in Lee County have been picked up by federal authorities when the underlying facts involve drug trafficking or organized criminal activity. That dual exposure, both state and federal prosecution, is something anyone facing these charges needs to understand from the outset.

Florida’s 10-20-Life statute, codified at Section 775.087, adds another layer. If a firearm is used or displayed during the commission of certain felonies, mandatory minimum sentences apply regardless of the judge’s discretion. Even when the underlying charge is possession alone, prosecutors may attempt to stack these enhancements if the circumstances permit. The result is a sentencing structure that removes much of the court’s flexibility and places enormous leverage in the hands of the prosecution during plea negotiations.

Challenging the Stop, the Search, and the Theory of Possession

Many felon-in-possession cases in Lee County originate from traffic stops on corridors like Colonial Boulevard, Daniels Parkway, or Palm Beach Boulevard. Officers conducting a stop may claim to observe a weapon in plain view, or they may conduct a search after a drug detection dog alerts on the vehicle. Both scenarios involve Fourth Amendment questions that are worth examining in detail. If the initial stop lacked reasonable suspicion, or if the search exceeded the scope permitted by law, any evidence obtained, including the firearm, may be subject to suppression under the exclusionary rule.

Constructive possession is another area where the prosecution’s case can be vulnerable. Florida courts have consistently held that proximity to a firearm is not enough on its own to establish constructive possession. The state must prove that the defendant knew the firearm was present and had the ability and intention to exercise dominion and control over it. In cases where a weapon is found in a shared vehicle or a residence with multiple occupants, establishing that knowledge and intent is not always straightforward. Conflicting accounts among occupants, absence of fingerprints, and the location of the firearm relative to the defendant’s belongings can all undermine the state’s theory.

What Happens From Arraignment Through Trial at the Lee County Justice Center

Felony cases in Lee County are handled at the Lee County Justice Center located at 1700 Monroe Street in Fort Myers. After arrest and booking, the case moves through first appearance, arraignment, and pretrial proceedings before reaching disposition through plea or trial. The Twentieth Judicial Circuit, which covers Lee, Charlotte, Collier, Hendry, and Glades counties, has its own procedural rhythms, and the local prosecutors and judges who handle these cases bring specific expectations and tendencies to the courtroom.

Discovery in a felon-in-possession case typically includes the arrest report, body camera footage, in-car video, any recorded statements the defendant made, the chain of custody documentation for the firearm, and the certified copy of the prior felony conviction. Reviewing each of these materials carefully is not a formality. Body camera footage has contradicted officer testimony in multiple reported Florida cases. Chain of custody gaps have resulted in evidence being excluded. The prior conviction documentation itself must establish that the defendant’s rights were properly adjudicated and that the conviction qualifies as a predicate offense under the statute.

Plea negotiations in these cases at the Twentieth Judicial Circuit often involve discussions about whether the state will agree to withhold adjudication, reduce the charge, or recommend a sentence below the statutory maximum. Those outcomes depend heavily on the strength of the defense’s pretrial work, the defendant’s criminal history, and the specific facts of the arrest. A case where the firearm was found in a common area with no fingerprint evidence presents very different leverage than one where the defendant was found holding the weapon.

The Unexpected Factor: Prior Conviction Challenges

One angle that is underutilized in felon-in-possession defense is challenging the validity or qualifying nature of the underlying felony conviction. Under Descamps v. United States and related Florida case law, not every prior felony conviction necessarily satisfies the statutory definition of a predicate offense. If the prior conviction was for an offense whose elements do not match what the statute requires, or if the conviction was obtained through a process that violated the defendant’s constitutional rights, there may be grounds to contest whether the felon status that forms the foundation of the current charge is legally sound.

Additionally, Florida law provides a process by which civil rights, including firearm rights, can be restored following a felony conviction. If a defendant’s rights were lawfully restored before the alleged possession occurred, that restoration is a complete defense to the charge. These situations are relatively rare, but they occur, and missing that issue entirely is a costly error that results in unnecessary convictions.

Questions About Felon in Possession Charges in Lee County

Does it matter if the firearm belonged to someone else?

Ownership of the firearm is legally separate from possession under Florida Statute Section 790.23. The prosecution does not need to prove that the defendant owned the weapon, only that they possessed or controlled it. However, evidence that the firearm belonged to another person can be highly relevant to challenging constructive possession, particularly when combined with the absence of fingerprints or DNA linking the defendant to the weapon.

Can these charges be reduced or dismissed before trial?

Dismissal or reduction is possible through pretrial motions, particularly motions to suppress evidence based on Fourth Amendment violations. If key evidence is excluded, the state may be unable to proceed. Reduction through plea negotiation is also possible depending on the specific facts, the defendant’s history, and the strength of the defense’s pretrial work. There is no guaranteed outcome, but these are real avenues that experienced defense attorneys pursue in Lee County courts.

What is the difference between actual and constructive possession under Florida law?

Actual possession means the firearm was on the defendant’s person, such as in a waistband or jacket pocket. Constructive possession, as defined in Florida case law, requires proof that the defendant knew of the firearm’s presence and had both the ability and intention to exercise dominion and control over it. Courts have repeatedly reversed convictions where the state relied solely on the defendant’s proximity to a shared space where a weapon was found.

Could this case be prosecuted in federal court instead of state court?

Yes. Federal prosecutors in the Middle District of Florida have concurrent jurisdiction over felon-in-possession offenses under 18 U.S.C. Section 922(g). Federal cases often arise when the underlying conduct involves drug trafficking, gang activity, or when a firearm crossed state lines. Federal sentences for this offense are generally harsher than state sentences, with sentencing guidelines that can exceed state statutory maximums depending on the defendant’s criminal history.

How does a prior conviction affect bond in Lee County?

Florida’s pretrial release statute, Section 903.046, requires courts to consider the nature of the offense, the defendant’s prior record, and the risk of flight or danger to the community. A felon-in-possession charge, combined with an existing criminal record, typically results in a higher bond or denial of bond at first appearance. Arguing for reasonable bond requires presenting evidence of community ties, stable residence, and employment, all of which defense counsel can address at a bond hearing before the Twentieth Judicial Circuit.

What role does Drew Fritsch’s prosecutorial background play in these cases?

Drew Fritsch served as a prosecutor in both Charlotte and Lee counties before founding Drew Fritsch Law Firm, P.A. That experience means he has personally evaluated and built the type of cases he now defends against. He understands what prosecutors look for when deciding whether to extend a plea offer, what evidentiary weaknesses they are reluctant to acknowledge, and how local judges approach contested suppression hearings.

Areas Served Across Southwest Florida

Drew Fritsch Law Firm, P.A. represents clients facing serious felony charges throughout Southwest Florida. In Lee County, the firm serves Fort Myers, Cape Coral, Lehigh Acres, Estero, and the Bonita Springs area near the Collier County line. The firm also handles cases in Charlotte County, including Port Charlotte, Punta Gorda, Charlotte Harbor, Rotonda West, and Englewood, where the Charlotte County Courthouse serves the Twentieth Judicial Circuit’s northern division. Clients from Sarasota County and Collier County are also represented, giving the firm a geographic reach that reflects how cases in this region often span multiple jurisdictions along the Gulf Coast.

Speak With a Lee County Felon in Possession Defense Attorney

The difference between having experienced defense counsel and proceeding without one in a felon-in-possession case is not abstract. Without representation, constitutional challenges to the stop or search go unfiled. Constructive possession arguments go unmade. Plea negotiations happen without the leverage that comes from having identified weaknesses in the state’s case. With Drew Fritsch handling the matter, the prosecution knows it is dealing with a former Lee County prosecutor who understands both sides of these cases. Contact Drew Fritsch Law Firm, P.A. to schedule a consultation with a Lee County felon in possession of a firearm attorney.