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What is an Unlawful Possession of a Firearm Charge in Texas?

Posted in Texas Law on August 11, 2020

In Texas, gun rights are liberally protected giving residents few restrictions for owning and carrying a firearm. However, certain circumstances forbid some individuals from possessing a firearm. If you fall into the category for unlawful possession of a firearm in Houston and face conviction, you need an experienced defense attorney on your side.

Mary Conn Law represents clients charged with weapon offenses, including unlawful possession of a firearm. Contact the office of Mary Conn Law today to discuss your defense against a weapon charge in Houston.

 

Define the Law: Unlawful Possession of a Firearm

In most cases, unlawful possession of a firearm applies to specific circumstances based on past criminal behavior. Unlawful possession of a firearm is when an individual that falls under these restrictions is found in possession of a firearm.

Unlawful possession of a firearm charge typically results in a Class A misdemeanor. This charge carries a fine of up to $4000 and one year in jail. Even at the misdemeanor level, the charges greatly impact your financial state and personal freedom.

 

Reasons for Unlawful Possession of a Firearm

• Felony conviction
• Family violence assault conviction
• Individuals subject to a restraining order or protective order
• Individuals restricted from possessing a firearm under federal law

 

When an Unlawful Possession of a Firearm Charge May Occur

An individual may receive an unlawful possession of a firearm charge when the person is caught possessing a firearm. For example, a firearm found during a routine traffic stop could result in a charge.

However, in most cases unlawful possession of a firearm occurs when an individual commits a different crime, like domestic violence, robbery or a drug crime. When this happens, the consequences are much greater. You need to seek the protection of a defense attorney right away.

 

An Unlawful Possession of a Firearm Charge in Combination with Other Charges

First, the use of a weapon in combination with a crime carries higher penalties. When the weapon includes unlawful possession, the case becomes more complicated. This is because the individual likely already has a criminal record.

Also, without the right defense, you face multiple convictions for one act. For example, assault with a deadly weapon carries a greater charge than simple assault. Adding unlawful possession of a firearm on top of the other charges creates the possibility of higher penalties.

 

Possible Defenses for Unlawful Possession of a Firearm

When dealing with an unlawful possession of a firearm charge, the defense strategy is like how one would defend against a drug possession charge. The goal is to present evidence the individual unknowingly possessed the firearm.

For example, for a firearm discovered during a traffic stop, the charged individual could have had no knowledge that the weapon was in the vehicle. The prosecution must then present evidence that the charged individual knew about the presence of the weapon.

Additionally, the defense presents the intent of the possession of the firearm. For example, if the weapon was discovered while the charged individual was hunting with friends, we present the defense differently than if the weapon was used in a robbery. The circumstances matter!

The goal is not only to avoid conviction but also to receive a lesser penalty if conviction is inevitable. However, you need an experienced defense team on your side to achieve the best possible outcome.

 

Mary Conn Law Defends Against Weapons Charges

While Texas law is lenient with firearm ownership, the law carries strict penalties for unlawful possession and other weapon crimes. The quicker you seek legal help after your arrest, the better you position yourself for a strong defense.

Contact Mary Conn Law if you or a family member needs defense against an unlawful possession of a firearm charge. We have a proven track record of success helping defend Houston area clients.

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