Understanding Possession in Criminal Law in Sarasota, Florida
Actual vs. Constructive Possession: Key Differences
Explore the nuances between actual and constructive possession and their implications in legal contexts.
Dive Deeper into Possession Laws
Actual Possession Explained
Actual possession refers to the physical control of an item or substance or close enough to have control. In legal terms, it means having direct physical custody or control over an object. For instance, if someone is holding a firearm or has drugs in their pocket, they are in actual possession of those items. This form of possession is straightforward and often easier to prove in court because it involves tangible evidence of control.
The legal definition of “actual possession” in Florida means:
(a) the thing is in the hand of or on the person, or
(b) the thing is in a container in the hand of or on the person, or
(c) the thing is so close as to be within ready reach and is under the control of the person.
The legal implications of actual possession are significant. Being found in actual possession of illegal substances or weapons can lead to severe penalties, including fines and imprisonment. The prosecution must demonstrate that the defendant knowingly had physical control over the contraband to secure a conviction. Thus, actual possession is a critical concept in criminal law, directly impacting the outcome of many cases.
Defense strategies against charges of actual possession often involve questioning the evidence of control or knowledge. For example, if the item was found in a shared space, the defense might argue that the defendant was unaware of its presence.
Understanding the nuances of actual possession is essential for crafting an effective legal defense.
Constructive Possession Defined
Understanding Constructive Possession
Constructive possession is a legal theory that extends the concept of possession beyond physical control. Constructive possession means the thing is in a place over which the person has control, or in which the person has concealed it. For example, if illegal drugs or a firearm is found in a car that a person owns, they may be charged with constructive possession, even if the drugs were not on their person.
Understanding Possession: Actual vs. Constructive
Actual Possession
- Physical Control 70%
- Immediate Access 85%
- Direct Handling 92%
- Visible Ownership 75%
- Exclusive Use 80%
Constructive Possession
- Legal Authority 95%
- Indirect Control 40%
- Shared Access 65%
- Implied Ownership 80%
- Control Through Others 85%
Common Questions About Possession Laws
Frequently asked questions and comprehensive answers that will give you better insight into possession charges.
What is the difference between actual and constructive possession?
Actual possession involves physical control over an item, while constructive possession refers to having the power or intention to control it, even if not physically present.
Can you be charged with possession if you don't physically have the item?
Yes, under constructive possession laws, you can be charged if you have the ability and intent to control the item, even if it’s not in your physical possession.
How can I prove I didn't have constructive possession?
To refute constructive possession, demonstrate lack of control, authority, or intent to possess the item in question.
What role does knowledge play in possession charges?
knowledge is crucial element for the state to prove; both actual and constructive possession require the knowledge and intent to control the item, and knowledge of the illicit nature of the item. So, in order to prove the charge of constructive possession against you, the State must establish the person had control over the thing, knowledge that the thing was within that person’s presence, and knowledge that the thing was illegal (common examples are guns among convicted felons or drugs). 1A Florida Criminal Defense Trial Manual § 6.15
How can a lawyer help with possession charges?
A lawyer can craft defenses, challenge the state’s evidence, represent you in court, and poke holes in the state’s case based on the case law and requirements of the law.
Seek Expert Legal Guidance Today
Michael was a former prosecutor in both Sarasota, Florida and Maui, Hawaii. He has prosecuted and defended hundreds of possession cases (both actual and constructive). A knowledgeable Sarasota Criminal Attorney can make the difference between a great result and a conviction for possession.
