McKinney Felon in Possession of a Firearm Lawyers
Attorneys for Charges of Firearm Possession by Convicted Felons in McKinney, TX
People who have been convicted of felonies will face a variety of restrictions, including a prohibition against owning or possessing firearms. The possession of a gun by a convicted felon is a criminal offense on its own, and a person who has been accused of these charges may be looking at the possibility of returning to prison, paying large fines, and dealing with other penalties. Understanding how these charges are handled and what options for defense may be available can be essential for people with felony convictions.
At Texas Defense Firm, our attorneys can provide the legal help clients need when they have been accused of weapons violations. We can provide guidance on what laws may apply to convicted felons and what types of charges they may face when firearms are found by law enforcement. We will work to resolve these matters while protecting our clients' rights and helping them avoid long-term penalties.
Why Felons Are Prohibited From Possessing Firearms
When a person has been convicted of a felony, they may be considered to be dangerous to others, and both state and federal laws restrict their rights to possess weapons. Texas law takes a more limited approach than federal law. A person who has been convicted of a felony is prohibited from possessing a firearm until five years have passed since their release from prison or the completion of probation, parole, or other forms of supervision. After this five-year period expires, Texas law allows a person to possess a firearm, but only in their own home.
Federal laws are more strict when it comes to firearm possession by felons. Anyone who has been convicted of a crime with a minimum sentence of at least one year in prison is permanently prohibited from possessing a firearm or ammunition. These restrictions apply in all locations, including a person's own home. This means that a person could potentially face federal weapons charges even if they are allowed to possess a firearm under Texas law.
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Charges for Possessing or Carrying a Firearm as a Felon
If a prosecutor can prove that the person has a felony conviction and that they knowingly possessed a firearm within the five-year period or outside of their own home, the person may be convicted of unlawful possession of a firearm. These cases may involve accusations of actual possession when a person allegedly carried a firearm on their person. Accusations of constructive possession may involve the possession of a firearm in a home, a vehicle, or another property where a person allegedly had control of a gun.
Penalties for Felon in Possession of a Firearm
When an offense of unlawful possession of a firearm by a felon is prosecuted at the state level, a person may face third-degree felony charges. A conviction could lead to a sentence lasting between two and 10 years in prison.
If a person faces federal charges involving the possession of a firearm by a felon, they could be sentenced to up to 10 years in federal prison. If a person has three or more previous convictions for violent crimes classified as felonies or serious drug crimes, they may face a mandatory minimum sentence of 15 years.
Defense Strategies for Convicted Felons Accused of Possessing Firearms
To convict a person of a firearm possession offense, a prosecutor will need to prove that they knowingly and intentionally possessed a gun in violation of the law. Our lawyers may challenge these accusations by showing that a person did not know that a firearm was present in a certain location. For example, a person who was riding in someone else's vehicle may not have known that the person had a gun in the trunk. We can take steps to challenge claims of knowing possession and defend against criminal charges.
We may also address charges related to the constructive possession of firearms in a person's home or another property. When multiple people live in a home, one person may possess a weapon, but other residents may not know about it. Our attorneys may argue that a person did not know about a firearm that someone else kept on their property.
Depending on the situation, we may challenge whether a previous conviction is considered to be a felony that would prohibit a person from possessing a firearm, or we may take steps to show that the applicable five-year period had passed. We can help clients determine the best steps to take to defend against weapons possession charges and limit the ways these cases may affect their lives.
Contact Our McKinney, Texas Felon in Possession of a Firearm Attorneys
At Texas Defense Firm, we understand the serious penalties that our clients may face if they have been accused of possessing guns after felony convictions. We will closely examine the specific facts involved in a case to determine whether prosecutors can establish that a person had knowledge of a firearm on their property or intentionally possessed a gun. We will work to address the specific charges in a case and defend against a conviction in state or federal court.
By identifying the weaknesses in the prosecution's case, we can build a strong defense against weapons possession charges. Our goal is to help clients resolve these matters successfully while minimizing the potential penalties they may face and helping them avoid long-term consequences. Contact our McKinney felon in possession of a firearm defense lawyers at 972-369-0577 and set up a free consultation.
