Saint Petersburg, FL asked in Federal Crimes for Florida

Q: In Florida if you are charged with a felony battery but its withheld adjutifacation are you still a felon?

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1 Lawyer Answer
Jeffrey H. Garland
Jeffrey H. Garland
  • Fort Pierce, FL
  • Licensed in Florida

A: If a person please guilty or no contest to felony battery, and if adjudication is witheld, then the person is not a "convicted felon" for the purpose of loss of civil rights and right to bear firearms in Florida. This assumes that the person has not been adjudicated guilty of any other felony as an adult or juvenile, and that the person has not been convicted of a domestic battery or other disqualifying offense or has a domestic violence injunction. The person may still be considered to be a felon for other purposes. So your question cannot be answered "yes" or "no". The answer is a little bit of both. If the exact parameters are important to you, then I would urge you to discuss the issue with an attorney retained for that purpose. You do not want to wrongly possess a firearm if you have been disqualified from doing so. There are other complex issues as to how a withold for felony battery might affect certain regulatory and licensing issues. Persons who want to be, or are, doctors, nurses, police etc may have special problems. You should consult an attorney as to how you might address your concerns in a regulatory or licensing context. Bottom line is that the answers to your question are far too complicated for a simple response.

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