How To Beat A Constructive Possession Of A Firearm Charge?

Felon in Possession of a Firearm [FL] | Smith & Eulo

How To Beat A Constructive Possession Of A Firearm Charge

If you’ve been charged with constructive possession of a firearm, it’s important to understand the charges and the laws in your state that you may need to navigate as your case progresses. Constructive possession is one of the most common firearm-related charges across the country, but the facts needed to prove it vary from state to state and depend upon the specific circumstances of each case.

What Is Constructive Possession?

Constructive possession is a legal term used to describe the possession of something without actual possession. Essentially, it means that there is knowledge of and control over the item or items in question, but it’s not in your actual physical possession. In other words, someone who is charged with constructive possession has knowledge of the item or items, but does not have possession of them. For example, if you had knowledge of and access to a firearm that was in someone else’s house, but you never touched it, you could still be charged with constructive possession.

Constructive possession charges can also be used to refer to the illegal possession of multiple firearms, even if they are in different locations. For instance, even if you have one firearm in one place and another in another, you can still be charged with constructive possession of both firearms.

How Is Constructive Possession Proven?

Constructive possession is different from actual possession and therefore requires a different set of facts to prove. To prove constructive possession, the prosecution must be able to show that the defendant had knowledge that the item or items in question existed, had control over the items, and had the ability to obtain the items if necessary.

The prosecution must also be able to prove that the defendant had the intent to act on their knowledge of the items. For example, if a firearm was found in the defendant’s car, the prosecution must be able to prove that the defendant knew it was in the car and had the intent to act upon it (i.e., possess or use it).

Defenses to Constructive Possession

The most common defense to a constructive possession charge is lack of knowledge. If the defendant can prove that he or she did not have actual or constructive knowledge of the items in question, then the charges may be dropped or reduced. Similarly, if the defendant can prove that he or she had no intent to act upon the items, then the charges may also be dismissed or reduced.

Another defense to constructive possession is accident. In some cases, an individual may have had access to a firearm or other items due to an accidental situation, such as a friend left them in plain sight in his or her vehicle or house. If the defendant can demonstrate that the items were not purposely accessible, then the constructive possession charges may be dropped or reduced.

Similarly, involuntary possession can be used as a defense to constructive possession. This involves demonstrating or showing that the defendant had no choice in the matter – that someone else had control over the items and the defendant had no knowledge of or control over them.

Finally, entrapment is a valid defense to constructive possession charges. Entrapment occurs when a government official or agent induces a person to commit a crime that they would not have normally committed. This includes situations in which an undercover agent or police officer provides a person with a firearm or other items and then charges them with possession.

Can I Beat A Constructive Possession Charge?

The answer to this question depends on the specific facts of each case. Constructive possession charges are often difficult to prove in court and require a great deal of evidence from the prosecution. If the defendant can demonstrate that he or she did not have knowledge or intent, then the charges may be dropped or reduced.

If you have been charged with constructive possession of a firearm, it’s important to get the advice of an experienced attorney as soon as possible. An experienced attorney can evaluate the facts of your case and determine the best strategy for getting your charges reduced or dismissed. They will also be able to explain the specific laws in your state and any differences in the prosecution’s approach. With the right legal help, you can fight your charges and protect your rights.