Sarasota County Felon in Possession of a Firearm Lawyer

Florida prosecutes felon-in-possession cases with a consistency that surprises many defendants: under state data, firearms-related charges are among the most frequently prosecuted felonies in Southwest Florida’s circuit courts, and Sarasota County is no exception. If you have a prior felony conviction and were found with a firearm, you are facing a second-degree felony charge under Florida Statute 790.23, carrying a maximum of fifteen years in state prison. Sarasota County felon in possession of a firearm cases move quickly through the system, and the decisions made in the earliest stages of a prosecution often determine whether a defendant faces decades-long consequences or secures a more favorable resolution. Drew Fritsch, a former Charlotte and Lee County prosecutor now representing defendants throughout Sarasota County, brings firsthand knowledge of how these cases are built, where they are vulnerable, and what it takes to defend them effectively.

Florida Statute 790.23: What the Charge Actually Requires

Florida Statute 790.23 prohibits any person who has been convicted of a felony, or who has had adjudication withheld on a felony in Florida or any other jurisdiction, from owning, possessing, or controlling any firearm or ammunition. The statute is deliberately broad. Possession does not require physical contact with a weapon. Prosecutors routinely pursue charges based on constructive possession, meaning a firearm was found in a location you had access to and allegedly knew about, such as a shared vehicle, a storage unit, or a residence with multiple occupants.

What makes this charge unusually difficult is the interplay between federal and state law. A defendant can face prosecution under both Florida law and the federal felon-in-possession statute, 18 U.S.C. 922(g), which carries its own separate penalties. Florida does not require prosecutors to prove you intended to use the firearm, only that you knowingly possessed it. The predicate felony does not have to be a violent crime. A prior drug felony, grand theft conviction, or even certain fraud offenses qualify as triggering events under the statute.

One aspect of this charge that many defendants do not anticipate involves civil rights restoration. Florida law does allow individuals to have their right to possess firearms restored under certain circumstances, typically through executive clemency. However, restoration must be formal and documented. Courts have rejected arguments that informal passage of time or restoration of other civil rights automatically restores firearm rights. If that restoration did not happen through the proper legal process, the charge stands regardless of how long ago the underlying felony occurred.

Mandatory Minimum Sentencing and the 10-20-Life Law

Florida’s 10-20-Life sentencing framework, codified under Florida Statute 775.087, adds a layer of sentencing exposure that is separate from the felon-in-possession charge itself. When a defendant is alleged to have possessed a firearm during the commission of certain felonies, mandatory minimum sentences apply: ten years for mere possession, twenty years if the firearm was discharged, and twenty-five years to life if someone was injured or killed. These minimums bind the court; a judge cannot impose a lesser sentence even when circumstances suggest leniency would be appropriate.

In Sarasota County cases involving felon-in-possession allegations alongside other charges, the presence of a firearm can transform an otherwise moderate-exposure case into one with mandatory prison time. Defense strategy must account for this from the outset. Challenging the firearm’s classification, disputing the connection between the defendant and the weapon, or successfully suppressing the firearm entirely through a Fourth Amendment motion can prevent mandatory minimum provisions from ever applying.

Fourth Amendment Challenges and Evidence Suppression in Sarasota County Cases

A significant portion of felon-in-possession cases in Florida are resolved not through trial but through pretrial suppression motions. Law enforcement must have lawful justification to stop a vehicle, search a person, enter a home, or detain someone long enough to discover a weapon. When that justification is absent or legally deficient, the firearm evidence and any related statements can be excluded from trial. Without the weapon in evidence, the state often has no viable case.

Traffic stops are the most common origin of these cases in Sarasota County. Officers who extend a stop beyond its lawful purpose without reasonable suspicion, who conduct a pat-down without articulable facts supporting a safety concern, or who search a vehicle without consent or probable cause may have violated the Fourth Amendment in ways that undermine the entire prosecution. Drew Fritsch spent years on the prosecutorial side of these hearings, understanding how the state builds its justification for a stop or search. That perspective is directly applicable when evaluating whether law enforcement acted within constitutional limits.

Suppression hearings in the Sarasota County courthouse, located in downtown Sarasota at 2000 Main Street, are evidentiary proceedings where the credibility of officers and the completeness of police reports receive close scrutiny. Body camera footage, dashcam recordings, dispatch logs, and records of prior contacts with the defendant all factor into how these hearings are argued. The quality of investigation a defense attorney conducts before the hearing often determines its outcome.

How Prior Felony Classifications Affect Defense Options

Not every prior felony creates identical exposure under Florida Statute 790.23. The nature of the predicate conviction can influence plea negotiations, sentencing recommendations, and even the viability of certain constitutional arguments. A defendant whose only prior felony was a non-violent offense from another state may face different prosecutorial attitudes than someone with a prior violent felony conviction in Florida. Understanding that distinction matters when evaluating what resolution is realistically achievable.

Adjudication withheld dispositions present a particularly interesting legal issue. Florida courts have consistently held that a withheld adjudication still qualifies as a conviction for purposes of Statute 790.23, meaning defendants who believe they avoided a conviction may be surprised to learn they are still subject to the felon-in-possession prohibition. This is an area where the gap between what defendants understand about their own record and what the law actually treats as a disqualifying event can be significant and consequential.

The scoring system under Florida’s Criminal Punishment Code also directly determines whether a defendant is presumptively sentenced to prison. Prior record points are calculated alongside offense severity to produce a total score. Defense work on a felon-in-possession charge must therefore address not just the current charge but the entire scoring picture, including how prior offenses from other jurisdictions are categorized and weighted under Florida’s scoring methodology.

Common Questions About Felon in Possession Charges in Sarasota County

Can I be charged even if the firearm wasn’t mine?

Yes. Florida law covers both actual and constructive possession. If a firearm was found in a location you shared with others, the state may argue you had knowledge of it and the ability to exercise control over it. In practice, Sarasota County prosecutors frequently charge constructive possession cases, though these are also among the more defensible, particularly when multiple people had access to the area where the weapon was found and no physical evidence directly links you to it.

What happens if the stop or search that led to the gun being found was unlawful?

If a court agrees the stop or search violated your Fourth Amendment rights, the firearm can be suppressed, meaning it cannot be used as evidence against you. In practice, this often leads to dismissal of the felon-in-possession charge entirely, because the weapon is the core of the prosecution’s case. These motions require detailed factual and legal briefing, and their success depends heavily on the specific conduct of the officers involved.

Does it matter that my prior felony was from another state?

Florida Statute 790.23 covers felony convictions from any jurisdiction, including federal convictions and out-of-state felonies. However, the classification of the out-of-state offense matters in some contexts, particularly for sentencing under the Criminal Punishment Code. If the out-of-state offense would not have qualified as a felony under Florida law, a defense argument may be available, though courts evaluate these claims closely and outcomes vary.

Is there any way to avoid prison on a second-degree felony felon-in-possession charge?

The law does not impose a mandatory minimum on a straightforward felon-in-possession charge under Statute 790.23 alone, unlike charges that trigger 10-20-Life. Whether prison is likely depends heavily on the defendant’s prior record, the circumstances of the case, the county’s prosecutorial culture, and the success of any pretrial motions. In Sarasota County, judges retain some sentencing discretion where mandatory minimums do not apply, which creates space for skilled defense advocacy at every stage.

If I had my civil rights restored, does that restore my right to possess a firearm?

Not automatically. Florida’s civil rights restoration process, which can occur through voting rights restoration, does not restore the right to possess a firearm unless the clemency specifically includes that restoration. This distinction has tripped up defendants who believed a general rights restoration cleared their firearm disability. A formal review of the specific clemency order received is necessary to determine actual restoration status.

How long do these cases typically take to resolve in Sarasota County?

Felony cases in the Twelfth Judicial Circuit, which covers Sarasota County, move at a pace that depends on case complexity, docket conditions, and whether pretrial motions are filed. Straightforward cases with limited litigation may resolve within several months. Cases involving suppression hearings, depositions, or expert witnesses may take significantly longer. The timeline itself can be a factor in case strategy, particularly when negotiating with prosecutors.

Serving Sarasota County and the Surrounding Region

Drew Fritsch Law Firm, P.A. represents clients throughout Sarasota County and the broader Southwest Florida region. From North Port in the south, through the city of Sarasota and its downtown corridor near U.S. 41, to Venice along the Gulf Coast, and east through Englewood and the communities near the Charlotte County line, the firm serves defendants across a wide geographic area. Clients come from Osprey, Nokomis, Siesta Key, Laurel, and the rapidly growing communities along Interstate 75’s eastern corridor including the Fruitville Road and Clark Road corridors that connect Sarasota’s suburban neighborhoods to the broader region. The firm also regularly represents clients from Charlotte Harbor, Port Charlotte, and Punta Gorda who face charges in Sarasota County courts due to where offenses allegedly occurred.

What a Former Prosecutor Brings to Your Felon in Possession Defense

Drew Fritsch built his career inside the same court system that will prosecute your case. As a former prosecutor in Charlotte and Lee Counties, he handled firearms charges from the state’s side, making decisions about what evidence to pursue, which cases to take to trial, and where prosecutorial cases had weaknesses. That experience is now applied exclusively to criminal defense, and it shapes how the firm approaches every aspect of a felon in possession case, from the initial review of police reports to suppression motions to trial preparation. The Sarasota County felon in possession of a firearm attorney you retain should understand how these cases are constructed before attempting to dismantle them. Reach out to Drew Fritsch Law Firm, P.A. to schedule a consultation about your case and get a direct, realistic assessment of where things stand and what options exist.