Florida Statute 790.235 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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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 Citing Statute 790.235

Total Results: 20

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-08-29

Citation: 146 So. 3d 113, 2014 Fla. App. LEXIS 13453, 2014 WL 4249749

Snippet: J„ and HARRIS, C.M., Senior Judge, concur. . § 790.235, Fla. Stat. (2012). Taylor was also charged with

Hearns v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 117 So. 3d 454, 2013 Fla. App. LEXIS 11231, 2013 WL 3723213

Snippet: within the past five years, in violation of s. 790.235 Fla. Stat. contrary to the form of the Statute

Pryor v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-11-22

Citation: 48 So. 3d 159, 2010 Fla. App. LEXIS 17922, 2010 WL 4723042

Snippet: a violent career criminal pursuant to section 790.235, Florida Statutes (2007), and possession of a firearm

State v. Facen

Court: District Court of Appeal of Florida | Date Filed: 2006-01-25

Citation: 920 So. 2d 128, 2006 Fla. App. LEXIS 785, 2006 WL 168001

Snippet: is a mandatory minimum sentence under section 790.235, Florida Statutes (2002). Accordingly we remand

Quintana v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-12-28

Citation: 917 So. 2d 991, 2005 WL 3536230

Snippet: firearm by a violent career criminal pursuant to § 790.235, Fla. Stat. (2004), procuring another to commit

Monroe v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-04-13

Citation: 913 So. 2d 617, 2005 Fla. App. LEXIS 5059, 2005 WL 840442

Snippet: career criminal (“VCC”) in violation of section 790.235, Florida Statutes (1997). This charge had twice

Franklin v. State

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1063, 2004 WL 2197021

Snippet: references to section 775.084 found in section 790.235, in conformity with section 3. Section 7: creates

Pope v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-09-10

Citation: 884 So. 2d 328, 2004 WL 2008199

Snippet: conviction and sentence for a violation of section 790.235, Florida Statutes (2000), which makes it unlawful

State v. Fulton

Court: District Court of Appeal of Florida | Date Filed: 2004-08-04

Citation: 878 So. 2d 485, 2004 Fla. App. LEXIS 11425, 2004 WL 1736798

Snippet: career criminals); § 775.087 (ten-twenty-life); § 790.235 (possession of firearm by violent career criminal)

Morrow v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-05

Citation: 856 So. 2d 1043, 2003 Fla. App. LEXIS 13284, 2003 WL 22056414

Snippet: violent career criminal in violation of section 790.235, Florida Statutes, and was sentenced to life imprisonment

Baldwin v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-05

Citation: 857 So. 2d 249, 2003 WL 22056055

Snippet: Baldwin was charged with two violations of section 790.235, Florida Statutes (1999), which states in pertinent

State v. Franklin

Court: District Court of Appeal of Florida | Date Filed: 2003-02-12

Citation: 836 So. 2d 1112, 2003 WL 289338

Snippet: 65; Section 6 modifies the language in section 790.235 to accommodate the changes made in adopting the

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-23

Citation: 818 So. 2d 544, 2002 WL 80256

Snippet: changes a reference to section 775.084 in section 790.235, Florida Statutes (1997), to conform to the "three-strikes"

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-01-31

Citation: 776 So. 2d 358, 2001 Fla. App. LEXIS 796, 2001 WL 76320

Snippet: challenges his conviction pursuant to section 790.235, Florida Statutes (1997)(violent career criminal

Thomas v. State

Court: Supreme Court of Florida | Date Filed: 2001-01-18

Citation: 777 So. 2d 957, 2001 WL 40388

Snippet: violent career criminal, in violation of section 790.235(1), Florida Statutes (1995), and sentenced as such

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-08-25

Citation: 778 So. 2d 306, 2000 Fla. App. LEXIS 10918, 2000 WL 1205441

Snippet: a violent career criminal pursuant to section 790.235, Florida Statutes (1995). We reverse the conviction

Levan v. State

Court: Supreme Court of Florida | Date Filed: 2000-05-25

Citation: 759 So. 2d 683, 2000 WL 674695

Snippet: See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). Levan committed the offense

Salters v. State

Court: Supreme Court of Florida | Date Filed: 2000-05-11

Citation: 758 So. 2d 667, 2000 WL 581696

Snippet: specifically, sections 775.084, 775.0842, and 790.235, Florida Statutes. Compare Ch. 95-182, §§ 2, 5

McGowan v. State

Court: Supreme Court of Florida | Date Filed: 2000-03-30

Citation: 755 So. 2d 109, 2000 WL 328997

Snippet: See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). McGowan committed the underlying

State v. Thompson

Court: Supreme Court of Florida | Date Filed: 1999-12-22

Citation: 750 So. 2d 643, 1999 WL 1244518

Snippet: See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). In section 8 of chapter 95-182