A 37-year-old Indian River County man was arrested last week after reportedly attacking and threatening to shoot a woman who was walking on the side of 29th Avenue. She reported that he knocked her cell phone from her hand and punched her in the face. The Indian River County Sheriff’s Office reports that the man then pulled a gun out from his waistband and then told the woman “I’ve got nothing to lose.” The woman said that she then ran away.
After the woman called police, the man was located in a vehicle. Upon searching it, deputies found two pistols along with more than 100 rounds of ammunition. The man denied ownership of the guns. He was taken into custody, and he’s being held on $67,000 bail. The suspect is charged with aggravated assault with a deadly weapon, two counts of possession of possession of a firearm by a convicted felon, improper exhibition of a firearm and battery.
Indian River criminal defense attorney Jeffrey H. Garland advises that a conviction for actual possession of a firearm by a convicted felony in Florida is punishable by a mandatory minimum three year prison sentence. As per Florida Statute 790.23, a person can be in actual possession of a firearm under the following circumstances:
- When it’s in the hand of or on the person’s body.
- When it’s in a container and in the hand of or on the person’s body.
- If it’s so close so as to be in ready reach, and it’s under the control of the person.
Indian River Firearm Possession Defense Attorney
A maximum sentence for being a convicted felon in actual possession of a firearm in Florida is 15 years in prison, up to 15 years of probation and a fine of up to $10,000. If you’ve been arrested on any type of a firearm charge in or around Indian River County, don’t give the police any type of a statement or confession. Contact Indian River firearm possession defense attorney Jeffrey H. Garland right away at 772-489-2200. He’s a board certified criminal trial lawyer, and he’s highly respected by both prosecutors and judges. Contact him right away after any arrest involving a firearm.