Possession of a Firearm by a Convicted Felon – Identity

As a Jacksonville Criminal Defense Attorney, I deal with gun charges on a daily basis.

If you are arrested for possession of a firearm by a convicted felon, the state attorney has to prove several things. First, they have to prove beyond a reasonable doubt that you did in fact possess the gun. Possession can be actual or constructive. Actual possession is when you have the gun in your hands or on your person. Constructive possession is when the gun is under your control. For example, if the gun is under the driver’s seat and you are the driver when no one else is in the car.

The prosecutor also has to prove that you are a felon. Specifically, the state has to prove the historical fact of a prior felony conviction and that felony was committed by you. Just having your name on the judgment and sentence is not enough. A judgment and sentence is a form that is generated whenever someone enters a plea or is convicted of a crime in Jacksonville. The form states whether or not the person was convicted, the sentence they received, and will usually have fingerprints. The state attorney usually proves identity by taking your fingerprints and compares them to the prints on the judgment and sentence.

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