How to Beat Felon in Possession of a Weapon Charges in Texas
- mdmercer
- Jun 30
- 3 min read
The Weapons Charge Attorneys at Mercer Criminal Law have defended gun charges in Houston, Texas for over 14 years, particularly Felon in Possession of a Weapon Charges and Unlawful Carrying of a Weapon. To beat a Felon in Possession of a Weapon charge, your attorney will need a thorough understanding of both state and federal laws, as well as the facts of each particular case.
In Texas, the legal implications surrounding firearm possession are quite serious, especially when it comes to charges like felon in possession of a firearm. Understanding the nuances of the law is essential. The crux of the matter lies in whether you had knowledge of the gun being in your vehicle. This knowledge is a key factor in determining whether you can be considered to have "possessed" the firearm under Texas law. If you were completely unaware of the gun's presence, it could help establish a defense against the charges you may be facing.
Common legal issues in Felon in Possession of a Weapon Cases:
Can a Convicted Felon Possess a Firearm in Texas?
In Texas, it is illegal for a convicted felon to possess a firearm. If 5 years have passed since the completion of the felony sentence, however, a convicted felon may possess a firearm in their home, but not outside the home.
Punishment for Felon in Possession of a Firearm in Texas
Texas Penal Code Section 46.04 classifies Unlawful Possession of a Firearm by a Felon as a 3rd degree felony, with a punishment range of between 2 to 10 years in prison and up to a $10,000 fine.
Defenses to Felon in Possession of a Weapon Charges
If you find yourself accused of Felon in Possession of a Weapon charge in Texas, the most important decision you will make throughout your case is the defense attorney you choose to represent you. Retained lawyers offer the freedom to select someone you trust and feel comfortable with, while court-appointed lawyers are assigned by the court.
Furthermore, even if the weapon does not belong to you, your awareness of its presence can lead to a presumption of possession, which is a critical point in legal arguments. The prosecution will often focus on this aspect, aiming to prove that you had sufficient knowledge of the firearm to be held accountable under the law. Thus, having the owner of the firearm provide a signed affidavit can not only support your claim of ignorance but also serve as a counter to the prosecution's assertions about your knowledge and possession. It is advisable to consult with a legal professional who specializes in firearm laws and criminal defense in Texas to ensure that you are taking the correct steps to safeguard your rights and build a strong defense.
The Legal Definition of "Possession" in Texas?
"Possession" under Texas law requires someone to maintain care, custody and control of the weapon.
If you did not know the gun was in your vehicle, it is crucial to take specific steps to protect yourself legally. One of the most effective actions you can take is to encourage the true owner of the weapon to sign an affidavit. This affidavit should clearly state that they, as the rightful owner, left the firearm in your car and that you had no prior knowledge of its presence. This document can serve as a vital piece of evidence in your defense, demonstrating that you were not aware of the gun's existence in your vehicle, which can significantly impact the outcome of your case.
What to do if Charged with Felon in Possession in Texas
If you have been arrested and charged with Felon in Possession in Texas, the very first thing you should do is to contact a criminal defense attorney to help you fight the case. Make sure the attorney you hire is familiar with defending weapons charges and has the knowledge and experience required to successfully defend you.
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