Possession of a Firearm by a Convicted Felon: Texas Penal Code §46.04 and Defense Options
Under Texas law, it is illegal for convicted felons to possess firearms in most circumstances. Violating this law can lead to serious criminal charges and penalties.
Texas Penal Code §46.04 prohibits firearm possession by convicted felons. Being charged with this offense can lead to additional time behind bars and make rebuilding your life after release even more difficult.
If you’re facing charges for possession of a firearm by a convicted felon, you need a law firm on your side that understands the seriousness of these charges and all you stand to lose.
At Roger G. Jain & Associates, P.C., our experienced Houston criminal defense attorneys know what is at stake. We’ll help you protect your rights and build the strongest defense possible. Call us at (713) 981-0600.
What is Unlawful Possession of a Firearm by a Felon?
Texas Penal Code §46.04 makes it a crime for someone convicted of a felony to possess a firearm. You can be charged with this offense if the following conditions are met:
- You have been convicted of a felony under Texas law, federal law, or the laws of another state
- You possessed a firearm after the felony conviction
- The possession occurred outside your home
- It has been less than 5 years since your release from confinement or supervision for the felony
There are a few key points about how this law is applied:
- The prior felony conviction can be from Texas, federal court, or another state
- You can still be charged even if the gun wasn’t loaded or functional
- Constructive possession, meaning the firearm was accessible to you even if not directly on your person, still counts as possession
Penalties for Unlawful Firearm Possession by a Felon
Unlawful possession of a firearm by a convicted felon is typically charged as a 3rd degree felony in Texas. If convicted, punishments may include:
- Between 2 and 10 years in state prison
- A fine of up to $10,000
- Both imprisonment and a fine
However, this offense can be elevated to a 2nd degree felony with higher potential prison time if you were previously convicted of certain violent felonies like assault, robbery, or homicide.
In addition to criminal penalties, a conviction will further restrict your right to lawfully possess firearms in the future and impact other civil rights. There are also often collateral consequences in areas like employment, housing, professional licensing, and more.
Defenses Against Unlawful Firearm Possession Charges
If you’ve been arrested for possession of a firearm by a convicted felon, you may have defense options. Some common defenses that can be raised include:
- Lack of possession – Arguing you did not actually possess the firearm or have care, custody, and control over it
- Justified possession – Showing the possession was justified under the circumstances, such as defending yourself or another from imminent danger.
- Exemption from the law – Demonstrating an exception applies, such as having a full pardon for the underlying felony, or it having been set aside or expunged
- Illegal search – Challenging the legality of the search that led to the discovery of the firearm and seeking to suppress the evidence
Whether any of these defenses apply will depend on the unique facts and circumstances of your case. Identifying the strongest defense strategy often requires careful analysis by a knowledgeable criminal defense lawyer.
How a Texas Criminal Defense Lawyer Can Help
Unlawful possession of a firearm charges are serious, especially for convicted felons who already have a criminal record. The stakes are high, with your freedom, family, and future on the line. But being charged doesn’t mean you’ll necessarily be convicted. You have constitutional rights and may have strong defenses.
An experienced Texas criminal defense attorney can protect your rights and mount the most effective defense possible. They can:
- Carefully investigate the evidence and circumstances surrounding your arrest
- Identify weaknesses in the prosecution’s case and legal defenses you can assert
- Negotiate with prosecutors for a dismissal or reduced charges if appropriate
- Argue for the suppression of any illegally obtained evidence
- Advocate for the minimum legal penalties if you decide to resolve your case through a plea
- Zealously represent you at trial and hold the state to its burden of proof
If you’ve been charged with unlawful possession of a firearm as a convicted felon in Texas, the most important thing you can do is discuss your case with a skilled defense lawyer right away. They can advise you of your options and start building your defense immediately.
Contact Our Criminal Defense Lawyer in Houston
An experienced criminal defense attorney in Houston from Roger G. Jain & Associates, P.C., will review your charges and build the strongest defense against these serious claims. Being convicted of possessing a firearm as a convicted felon in Texas is an extremely serious matter that can have life-altering consequences. It’s important to understand the gravity of the situation and what’s at stake.
Contact Roger G. Jain & Associates, P.C. today at (713) 981-0600 for a consultation. Our Houston office at 9301 Southwest Freeway, Suite 250, is ready to review your case and fight for your rights.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.