Just because you are charged with a crime does not mean that you will be convicted. Many times the police, District Attorney, or other people involved in your case will make a mistake. Luckily, if you have a knowledgeable Tampa criminal defense attorney on your side they can advocate for you both before and during the court process. In this case, a man was charged with “possession of a concealed weapon by a convicted felon.” However, the appeals court in this case later overturned this conviction and sent it back to the lower court for a new trial.
Definition of Firearm
The defendant initially tried to argue that he should not be charged with this crime because it was a firearm and thus not a “weapon.” Therefore, he argued, if it is not a weapon it cannot be a “concealed weapon.” This argument has been successful in the second circuit, but this court – the Florida First District Court of Appeal – did not agree. They noted that Florida’s statute does define weapon as including guns.
“Possession vs. Carrying”
The defendant was successful on his other argument though. He noted that in his initial trial the jury was instructed to consider whether the defendant was guilty of “possession of a concealed weapon by a convicted felon.” However, this crime does not exist. The actual language that the court should have used is “carrying a concealed weapon by a felon.” This case revolves around the distinction between “carrying” and “possession.” Continue reading