Need Help After a Fort Pierce County Firearm Arrest?

Fort Pierce police arrested a 19-year-old Port St. Lucie “documented gang member” earlier in the month after he was suspected of firing a handgun and fleeing pursuing police officers on foot. He was charged with possession of a weapon by a felon, firing a weapon in public and resisting police officers.

Shots Heard By Investigating Officers

At about 6:45 p.m., two Fort Pierce police officers in an unmarked car stopped in front of the Reno Motel where about 20 people were gathered. Members of the crowd told police that the 19-year-old was armed and wanted to fight. Police then heard about six shots fired and spotted the man who ran. He was caught in the back yard of a nearby home, and a .22 revolver was found nearby. Upon checking the man’s identity, police learned that he had several felony arrests and convictions. He was being held on $45,000 bail.

Minimum Three Years for Actual Possession

The State of Florida takes firearms violations seriously, especially when convicted felons are involved. According to our Fort Pierce County firearm arrest lawyer, in accordance with Florida Statute 790.23, it is a second degree felony for a convicted felon to be in possession of a firearm. If a convicted felon is found to be in actual possession of a firearm, the crime is punishable by a minimum of three years and up to 15 years in prison, a fine of up to $10,000 and up to 15 years of probation.

Actual Possession vs. Constructive Possession

Being able to distinguish between actual possession and constructive possession is pivotal in defending a firearm case. A person can be charged with actual possession if the gun is in their hands, hidden on their person, in a container they are carrying or even within their immediate reach. Constructive possession involves having control of a place where a firearm is found like under a piece of furniture in a home or in the trunk of a car. More than one person can be in constructive possession of a firearm.

Hiring a Fort Pierce County Firearm Arrest Lawyer

Jonathan Jay Kirschner is a Fort Pierce criminal defense lawyer who has been certified by the Florida Supreme Court as a criminal trial lawyer for more than 25 years. If you or a family member have been charged with any type of firearm charge, don’t give a statement or confession. Contact Jonathan Jay Kirschner right away at 772-489-8501 to arrange for a consultation and case review.