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Florida Statute 790.235 | Lawyer Caselaw & Research
F.S. 790.235 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.235

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.235
790.235 Possession of firearm or ammunition by violent career criminal unlawful; penalty.
(1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years’ imprisonment; however, if the person would be sentenced to a longer term of imprisonment under s. 775.084(4)(d), the person must be sentenced under that provision. A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release under s. 947.149.
(2) For purposes of this section, the previous felony convictions necessary to meet the violent career criminal criteria under s. 775.084(1)(d) may be convictions for felonies committed as an adult or adjudications of delinquency for felonies committed as a juvenile. In order to be counted as a prior felony for purposes of this section, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense, and sentenced or adjudicated separately from any other felony that is to be counted as a prior felony.
(3) This section shall not apply to a person whose civil rights and firearm authority have been restored.
History.s. 7, ch. 95-182; s. 45, ch. 96-388; s. 6, ch. 99-188; s. 1, ch. 2002-210; s. 3, ch. 2004-286.

F.S. 790.235 on Google Scholar

F.S. 790.235 on Casetext

Amendments to 790.235


Arrestable Offenses / Crimes under Fla. Stat. 790.235
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.235 - POSSESSION OF WEAPON - OR AMMO BY VIOLENT CAREER CRIMINAL - F: F
S790.235 - INCENDIARY DEVICE-POSSESS - BY VIOLENT CAREER CRIMINAL - F: F
S790.235 - EXPLOSIVES-POSSESSING - BY VIOLENT CAREER CRIMINAL - F: F
S790.235 - POSSESSION OF WEAPON - BY VIOLENT CAREER CRIMINAL - F: F
S790.235 - WEAPON OFFENSE - VIOLENT CAREER CRIMINAL OWN HAVE WEAPON - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

TAYLOR, v. STATE, 146 So. 3d 113 (Fla. Dist. Ct. App. 2014)

. . . . § 790.235, Fla. Stat. (2012). . . .

M. HEARNS, v. STATE, 117 So. 3d 454 (Fla. Dist. Ct. App. 2013)

. . . a prison sentence on one of the aforestated felonies within the past five years, in violation of s. 790.235 . . . Ferguson, 691 So.2d 578, 578 (Fla. 2d DCA 1997) ("However, unlike section 775.084(l)(c), section 790.235 . . . State, 729 So.2d 947, 950 (Fla. 1st DCA 1998) (“In section 790.235, the legislature has created a new . . .

PRYOR, v. STATE, 48 So. 3d 159 (Fla. Dist. Ct. App. 2010)

. . . that his dual convictions for possession of a firearm by a violent career criminal pursuant to section 790.235 . . . offense of the offense of carrying a concealed firearm by a violent career criminal set out in section 790.235 . . . be sentenced to life for first-degree felonies, because sentencing should be controlled by section 790.235 . . . prison sentence of up to thirty years with a mandatory minimum of fifteen years pursuant to section 790.235 . . .

STATE v. FACEN,, 920 So. 2d 128 (Fla. Dist. Ct. App. 2006)

. . . defense appears to concede that the fifteen-year term is a mandatory minimum sentence under section 790.235 . . . directions to correct the sentencing order to reflect that the fifteen-year sentence for violation of 790.235 . . .

QUINTANA, v. STATE, 917 So. 2d 991 (Fla. Dist. Ct. App. 2005)

. . . Luis Quintana, was charged with possession of a firearm by a violent career criminal pursuant to § 790.235 . . . and the court — that the fifteen-year minimum mandatory sentence mandated for a violation of section 790.235 . . . minimum mandatory sentence for possession of a firearm by a violent career criminal contained in section 790.235 . . . cases” in the interim, it would consider waiving the minimum mandatory sentencing feature of section 790.235 . . .

MONROE, v. STATE, 913 So. 2d 617 (Fla. Dist. Ct. App. 2005)

. . . was charged with possession of a firearm by a violent career criminal (“VCC”) in violation of section 790.235 . . . See § 790.235(1), Fla. Stat. (1997). . The written sentencing order so states. . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . Section 6: amends references to section 775.084 found in section 790.235, in conformity with section . . . persons meeting the criteria, and section 6, which amends references to section 775.084 found in section 790.235 . . . or aggravated battery of a law enforcement officer or a person 65 years of age or older; amending s. 790.235 . . .

POPE, v. STATE, 884 So. 2d 328 (Fla. Dist. Ct. App. 2004)

. . . Jeffery Pope appeals his conviction and sentence for a violation of section 790.235, Florida Statutes . . . A violation of section 790.235 is a first-degree felony — a level of offense ordinarily punishable by . . . See § 790.235(1). . . .

STATE v. L. FULTON,, 878 So. 2d 485 (Fla. Dist. Ct. App. 2004)

. . . 775.084(4)(c) (three strikes); § 775.084(4)(d) (violent career criminals); § 775.087 (ten-twenty-life); § 790.235 . . .

L. BALDWIN, v. STATE, 857 So. 2d 249 (Fla. Dist. Ct. App. 2003)

. . . However, I disagree with the majority’s reasoning and would reverse because section 790.235, Florida . . . A plain reading of section 790.235 suggests that the legislature did not intend to create two separate . . . Section 790.235(1) provides the following: Any person who meets the violent career criminal criteria . . . Section 790.235 addresses two types of conduct that are relevant here: first, it prohibits a violent . . . case, involving one incident and one gun, I agree that Baldwin cannot be punished twice under section 790.235 . . . Baldwin was charged with two violations of section 790.235, Florida Statutes (1999), which states in . . . properly convicted for possession of a firearm by a violent career criminal in violation of section 790.235 . . .

MORROW, v. STATE, 856 So. 2d 1043 (Fla. Dist. Ct. App. 2003)

. . . Morrow pled guilty to possession of a firearm by a violent career criminal in violation of section 790.235 . . .

STATE v. FRANKLIN,, 836 So. 2d 1112 (Fla. Dist. Ct. App. 2003)

. . . assault and battery against persons over the age of 65; Section 6 modifies the language in section 790.235 . . .

TAYLOR, v. STATE, 818 So. 2d 544 (Fla. Dist. Ct. App. 2002)

. . . prison terms for felons sentenced as such; section 6 changes a reference to section 775.084 in section 790.235 . . . In chapter 96-388, section 45, at 2336, Laws of Florida, the legislature reenacted section 790.235, Florida . . . The Salters court left open the question of whether the reenactment of section 790.235 closed the window . . .

WILLIAMS, v. STATE, 776 So. 2d 358 (Fla. Dist. Ct. App. 2001)

. . . The appellant in this direct criminal appeal challenges his conviction pursuant to section 790.235, Florida . . . Section 790.235, Florida Statutes (1997), makes it a first degree felony for “any person who meets the . . .

THOMAS, v. STATE, 777 So. 2d 957 (Fla. 2001)

. . . Thomas was convicted of possession of a firearm by a violent career criminal, in violation of section 790.235 . . .

JACKSON, v. STATE, 778 So. 2d 306 (Fla. Dist. Ct. App. 2000)

. . . conviction and sentence of possession of a firearm by a violent career criminal pursuant to section 790.235 . . . committed the offense of possession of a firearm by a violent career criminal, in violation of section 790.235 . . . guilty as charged, and the trial court imposed a mandatory minimum 15-year sentence pursuant to section 790.235 . . . An appeal was taken, and in an opinion issued September 28, 1998, this court held that section 790.235 . . .

LEVAN, v. STATE, 759 So. 2d 683 (Fla. 2000)

. . . See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). . . .

SALTERS, v. STATE, 758 So. 2d 667 (Fla. 2000)

. . . provisions that previously were addressed in chapter 95-182; specifically, sections 775.084, 775.0842, and 790.235 . . . In section 45 of chapter 96-388, the Legislature reenacted section 790.235, Florida Statutes, which is . . . Finally, in section 7 of chapter 95-182, the Legislature created section 790.235, Florida Statutes, which . . .

McGOWAN, v. STATE, 755 So. 2d 109 (Fla. 2000)

. . . See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida StaLutes). . . . underlying offense in this case on December 11, 1995, well before the Legislature reenacted section 790.235 . . . (reenacting section 790.235, Florida Statutes, effective October 1, 1996). . . .

STATE v. THOMPSON,, 750 So. 2d 643 (Fla. 1999)

. . . See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). . . .

VENERO, v. STATE, 741 So. 2d 1189 (Fla. Dist. Ct. App. 1999)

. . . See § 790.235, Fla. Stat. (1997); State v. Maxwell, 682 So.2d 83 (Fla.1996); Arnold v. . . .

J. THOMAS, v. STATE, 725 So. 2d 1171 (Fla. Dist. Ct. App. 1998)

. . . . §§ 790.235, 810.02, 812.13, 777.04(1), Fla. Stat. . . . .

D. JACKSON, v. STATE, 729 So. 2d 947 (Fla. Dist. Ct. App. 1998)

. . . Jackson appeals his conviction for possession of a firearm by a violent career criminal under section 790.235 . . . career criminal were juvenile adjudications of delinquency predating the effective date of section 790.235 . . . We conclude that section 790.235 is constitutional, both facially and as applied to Jackson. . . . We find no merit to Jackson’s challenges to the constitutionality of section 790.235. . . . Section 790.235, Fla. . . .

STATE v. OJEDA,, 712 So. 2d 1266 (Fla. Dist. Ct. App. 1998)

. . . . § 790.235, Fla. Stat. (Supp.1996). . . .

FREAR, v. STATE,, 700 So. 2d 465 (Fla. Dist. Ct. App. 1997)

. . . Appellant was charged with possession of a firearm by a violent career criminal, in violation of section 790.235 . . . Following the denial of his motion to dismiss the information on the ground that section 790.235(1) is . . . To the extent relevant, section 790.235(1) reads: Any person who meets the violent career criminal criteria . . . As with statutes generally, section 790.235(1) is presumed to be constitutional, and the burden rests . . . Section 790.23, which like section 790.235, makes it a crime for a convicted felon “to own or to have . . .

STATE v. EMMUND,, 698 So. 2d 1318 (Fla. Dist. Ct. App. 1997)

. . . Emmund is charged with possession of a firearm by a violent career criminal in violation of section 790.235 . . . See id. §§ 790.235(2), 775.084(l)(c). . . . See Id. § 790.235(1). . . . The term “violent career criminal” is a term of art under sections 790.235 and 775.084(l)(c), Florida . . . The statute provides: 790.235 Possession of firearm by violent career criminal unlawful; penalty.— (1 . . .

STATE v. Jo FERGUSON,, 691 So. 2d 578 (Fla. Dist. Ct. App. 1997)

. . . following his guilty plea to possession of a firearm by a violent career criminal in violation of section 790.235 . . . The State argues that the minimum mandatory sentence required by section 790.235 is similar to the three-year . . . After examining the pertinent statutes, we conclude that the sentence required by section 790.235 is . . . However, unlike section 775.084(l)(c), section 790.235 is a substantive offense statute, not a sentencing . . . In other words, if a defendant charged with violating section 790.235 is qualified for violent career . . .