Jacksonville Criminal Defense Lawyer Blog

When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham's case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham's case, visit The Florida Times-Union.

According to Florida Statute Section 790.23, a person that has previously been convicted of a felony cannot possess a firearm. Under Section Section 10.15 of the Florida Standard Jury Instructions, the state must prove that the convicted felon had in his care, custody, possession, or control a firearm, electric weapon/device, or ammunition.

Whether or not a convicted felon can be charged with Jacksonville Possession of a Firearm by a convicted felon that his or her spouse owns will depend on the definitions of "care, custody, possession or control." " 'Care' and 'custody' mean immediate charge and control exercised by a person over the named object." The term "possession" is defined as the ability "to have personal charge of or exercise the right of ownership, management, or control over an object."

Under Florida Law, a Jacksonville convicted felon can actually or constructively possess a firearm. Actual possession occurs when the firearm is on the convicted felon's person or so close that it is readily within his or her reach. Just because the firearm is very close to the convicted felon, there is no actual possession of the firearm if he or she is not in a position to exercise control over it. A convicted felon is in constructive possession if the firearm is located in a place that the felon has concealed the firearm or a place that the felon has control over.

In many Jacksonville Possession of a Firearm by a Convicted Felon cases, a felon is arrested for possessing his or her spouse's firearm. In most of those cases, the spouse keeps the firearm in a non-secure location in the house. This location is normally a place that the felon has access to it. Thus, the felon is arrested and charge. However, a Jacksonville Gun Crimes Attorney can defend this case based upon the fact that the felon may not have been aware that the firearm was located within the house.

Additionally, if the spouse keeps the firearm in a secure location in which the felon does not have access to it and could never gain access to it, the convicted felon would not have any ability to control the firearm and could not be in possession of it. For example, a woman owns a firearm and keeps it in a locked safe. The safe is bolted down to the floor in a room in her house that is kept locked. Her husband is a convicted felon. He does not know the combination to the gun safe and does not have a key to the room. Thus, it would be absurd to believe that he is in constructive possession of the gun. On the other hand, if the gun is kept in a box in the couple's bedroom closet that both people share, the state would have a better argument that the Jacksonville convicted felon was in possession of the firearm.

I am in no way stating that storing a firearm in the manner provided above will resolve a Jacksonville convicted felon from criminal liability. However, it would create a better defense. Therefore, his Jacksonville Criminal Defense Attorney would have a better chance at getting the charges dropped or winning the case at trial.

Today, I learned about a game that some children play in the Jacksonville, Florida area. It is called "Man Hunt." It appears to be a spin off of hide-n-seek and tag, but firearms are involved. According to an article entitled "How to Play Man Hunt," the players set up a large perimeter. All players, except the hunter or hunters, are given a time period to hide.  Then, the hunt begins. While this article, does not reference the use of firearms or weapons in any way, it appears that children have taken the game a step further and incorporated air guns and/or BB guns.

Not only is this dangerous to the children involved and bystanders, it can result in civil and criminal liability for parents. As for civil liability, a parent that allows a child to use an air gun or BB gun in a negligent fashion or without supervision may be sued for negligence and be held liable for any damages to person or property. As for criminal charges, Florida Statute Section 790.22(1) states:

"the use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent."

Florida Statute Section 790.22(2) declares that it is a second degree misdemeanor if an adult responsible for the welfare of a child under 16 years old knowingly allows that child to violate the statute listed above.  Indeed, parents should watch their children closely to prevent violations of Florida firearm's law in Jacksonville.  This will not only prevent an arrest, but also prevent injury to others.  In fact, a ten-year-old boy died last month due to an injury inflicted while playing cowboys and indians with his father's air gun.