Texas Felon in Possession of Firearm – What is at Stake?

If you or someone you know has been convicted of a felony, regardless of whether that felony was violent in nature or not, you likely are aware that there may be limitations placed on your ability to possess a firearm in the foreseeable future.  Owning and/or possessing a gun is cherished by many Texans, so it is important to be aware of just how serious a felony conviction is in Texas, where long-lasting consequences are possible.  Many individuals who have been convicted of a felony do not truly understand the ramifications of what can happen if they even pick up a gun.  The stakes are high, and it simply isn’t worth it to even touch a gun.  However, if you are charged with being a felon in possession of a firearm, you must act quickly and retain a qualified Dallas County Criminal Defense Attorney who can help you fight this criminal charge.

Felon in Possession Under Texas Law

An individual with a prior felony conviction may be found guilty of being a felon in possession of a fire arm under Texas law if he or she possesses a firearm at any time following the prior felony conviction.  However, if the individual possesses the fire arm within the five year period following the felony conviction, he or she may be convicted of a third degree felony, which carries with it the potential for two to ten years in jail and a fine up to $10,000.  This is the punishment that may be imposed upon an individual with just one prior felony conviction.  If an individual has two or more prior felony convictions, and is then charged with being a felon in possession of a fire arm, the consequences may be much more severe if conviction results, and long-term jail time may be a real possibility.

The standard of proof required to establish that a convicted felon was in possession of a fire arm is very low.  There are no strong defenses to a felon in possession of a fire arm charge in Texas.  In order to prove that you are guilty of being a felon in possession of a fire arm, the prosecution must prove that you do in fact have a prior felony conviction, you were actually in possession of a fire arm voluntarily, and you possessed the fire arm within five years following your prior felony conviction.  If you possessed the fire arm more than five years following your felony conviction, then the criminal charge is considered a Class A misdemeanor.  While this is certainly less harsh than a third degree felony, it is still a serious criminal charge that must be dealt with alongside a skilled Dallas Criminal Defense Attorney.

Contact Dallas Criminal Defense Attorney Jack Pettit Today

If you have a criminal record and are concerned about how the possession of a firearm could affect you, it is imperative that you seek the advice of a skilled Dallas County Criminal Defense Attorney as soon possible.  Felons who are caught with firearms face significant criminal penalties that could follow them for years to come.  As such, the sooner you consult with an attorney, the more likely your attorney will be able to provide you with the best representation possible.  Dallas Attorney Jack Pettit has more than thirty years of experience working in the criminal justice system, as both a former prosecutor and as a current criminal defense attorney.  Jack Pettit will help you build the best defense possible to any criminal charge and will seek to resolve your criminal matter in the most reasonable way possible with the goal of avoiding jail time.  To speak with Jack Pettit about your criminal charge or prior conviction, contact our office today by calling (214) 521-4567 to schedule an initial consultation.  Our office conveniently provides bilingual legal services in both English and Spanish, and we also accept major credit cards.


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