Criminal cases, especially those involving firearms are significant and tense starting at the roadside encounter. The recent appellate case of Rose v. State from the First District Court of Appeal, in which the person was convicted of possession of a firearm by a convicted felon, is a scary reminder of how interactions with law enforcement can go horribly wrong, fast. The Defendant was convicted of possession of a firearm by a convicted felon.
The defense theory was that both the firearm and the car belonged to his grandmother and that the defendant did not know the gun was in the car. This person had a legitimate theory of defense such as “Hey Granny’s Got a gun, I borrowed her car and she left it in there”. The entire defense at trial was that he did not knowingly possess the firearm. The testimony was that both the firearm and the car belonged to the grandmother and the Defendant did not know the gun was in the car. Then he reached into the glove compartment to retrieve the vehicle’s registration upon being stopped for a traffic infraction.
How scary is that? A minimum mandatory sentence because grandma forgot and the jury in the face of reasonable doubt or finding that grandma lacked credibility, convicted. The manner in which this firearm was carried by grandma was perfectly legal for grandma. Can your grandmother honestly say that she has never left her purse in the car?
Possession of a firearm by a convicted felon and possession of a concealed weapon or firearm without a permit or license are very serious felony offenses which demand serious attention. If you or someone you know is charged or has been arrested for a firearm offense, click, call or fill out the form to see how we can help.