Legal Question in Criminal Law in Florida

A convicted felon, is threatened by another who is armed, the convicted felon and the person enters into a struggle, the convicted felon gets the gun from the other person. But now the convicted felon is in possession of a firearm, which mean they are in violation of the law. Is there any law that protects a convicted felon, when he is threatened by another with a firearm?


Asked on 12/23/09, 12:51 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Yes, it's called self defense. Under the law of necessity he would be allowed to possess the gun to prevent a greater harm, the harm to himself. Of course, that is all a jury question so they would decide if those facts were true.

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Answered on 12/28/09, 7:12 pm


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