While it’s true that many Texans consider their firearms an important part of their lives, many Texans aren’t allowed to own firearms after being convicted of a felony or a domestic violence offense.
If you’re a convicted felon caught with a firearm in your possession you’ll face new felony charges that can result in a lengthy prison sentence if you’re convicted. Unlawful Possession of a Firearm by a felon or a restricted person is a 3rd Degree felony in Texas which can lead to a 10 year prison sentence, otherwise the offense is classified as a Class A Misdemeanor.
Attorney Emily Detoto has a wealth of experience defending people charged with Unlawful Possession of a Firearm, and may be able to uncover some solutions for your case.
There are a few surefire defense strategies designed to help persons charged with Unlawful Possession of a Firearm in our arsenal which Emily Detoto will employ should they apply to your circumstances. You’ll need an attorney. To contact The Law Office of Emily Detoto send us a message via contact form or call us direct, at 713-227-2244.
About Unlawful Possession of a Firearm Cases
There are generally 3 situations that can lead to a criminal charge of Unlawful Possession of a Firearm by a felon. We’ve outlined these instances below for illustration purposes.
Felon in Possession of a Firearm
If a person was convicted of a felony offense they aren’t lawfully allowed to own a gun or firearm for 5 years after they’ve paid their debt to society which includes any community service or parole agreement. After the 5 year period has lapsed, a convicted felon is only allowed to possess a firearm at their residence.
Federal law conflicts with Texas law in that a convicted felon is never allowed to own a firearm. In other words, a convicted felon possessing a firearm in their residence may be legal under Texas Law, but is still a crime as far as the United States of America is concerned, and can lead to federal charges. Federal prosecutions of this nature are rare.
Domestic Violence Offenders
A person convicted of an assaultive offense against a family member is also barred from owning a firearm for 5 years from the date that they’ve completely and fully paid their debt to society.
Protective & Restrictive Orders
A person that’s subject to any form of a restrictive order related to a family law or criminal law proceeding may be ordered to refrain from possessing a firearm. The crime of Unlawful Possession of a Firearm is committed if the person possesses a firearm after the restriction is issued and before it expires.
Potential Defenses for Unlawful Firearm Possession
Fighting Possession Claims
One defense for a person charged with unlawful possession of a firearm is fighting the claim that you possessed the weapon. Possession can be generally defined as direct possession of the weapon or control over a location where the weapon is located, and having knowledge of such. If we can prove that you were not in “exclusive possession and control” of the firearm the prosecutors have no case and a jury can not convict.
SPECIAL NOTE: The state must prove that the defendant knowingly and intentionally possessed a firearm for a jury to convict.
Fighting for Your Life (Defense of Necessity)
If you’re a convicted felon who was found to be unlawfully in possession of a firearm, but you used it to save yourself or another person from injury or death, the jury can not convict you and the prosecutor will not have a case as this is one exception in the law where a felon may possess and use a firearm.
Contact a Criminal Defense Attorney
Attorney Emily Detoto; The Texas Warrior Lawyer
If you were already convicted of a felony offense the last thing you need is another prison sentence. Whether you believe that you’re innocent or guilty, Attorney Emily Detoto has a number of defense solutions available to help you avoid or mitigate a conviction.
Depending on the circumstances of the case, and the result of our own investigation, it might be possible to have the case quickly dismissed.
The Law Office of Emily Detoto is ready and prepared to stand by your side. As a Board Certified® criminal defense attorney who has continued to hone her craft since 1996, you can be assured of competent legal representation when Attorney Emily Detoto is in your corner.