Felons & Firearms
In Texas, a person is considered a felon if they have been convicted of committing a crime that is classified as a felony offense under Texas law. Felonies in Texas are serious criminal offenses that carry a penalty of imprisonment for a term of at least one year, and may also include fines, probation, and other penalties.
Some examples of felony offenses in Texas include murder, manslaughter, sexual assault, robbery, burglary, drug trafficking, and white-collar crimes such as fraud and embezzlement.
It’s worth noting that in Texas, there are also different classes of felonies, ranging from capital felonies (which carry the possibility of the death penalty) to state jail felonies (which carry a penalty of 180 days to two years in a state jail facility). The severity of the crime and the classification of the felony will determine the specific penalties and consequences for a person convicted of a felony offense in Texas.
Laws of Possessing Firearms for Felons
In Texas, the law prohibits individuals who have been convicted of a felony offense from possessing firearms. This prohibition is outlined in both state and federal law.
Under Texas law, it is illegal for anyone who has been convicted of a felony offense to possess a firearm within five years of their release from confinement, parole, or probation. After the five-year period has elapsed, felons may possess firearms in their home, vehicle, or place of business, but they may not carry a firearm on their person in public.
Additionally, federal law prohibits anyone who has been convicted of a felony offense from possessing firearms, regardless of whether they have completed their sentence or not. This prohibition is outlined in the Gun Control Act of 1968, which applies to all states, including Texas.
It’s important to note that violating these firearm possession laws can result in serious consequences, including additional criminal charges and potential imprisonment. If you have been convicted of a felony offense in Texas, it’s essential to understand the state and federal laws regarding firearm possession and to comply with these laws to avoid further legal trouble.
Penalties for Possessing a Firearm as a Felon
In Texas, possession of a firearm by a felon is a serious offense that carries harsh penalties. The specific penalties for possessing a firearm as a felon in Texas depend on the circumstances of the case, including the nature of the offense, the type of firearm, and whether the individual has prior convictions.
- Possession of a firearm by a felon is a third-degree felony offense in Texas.
- The penalty for this offense is 2 to 10 years in prison and a fine of up to $10,000.
- If the firearm in question is a prohibited weapon, such as a machine gun or a firearm with a silencer, the offense may be charged as a second-degree felony, which carries a penalty of 2 to 20 years in prison and a fine of up to $10,000.
- If the individual has prior convictions for violent offenses, the penalty for possessing a firearm as a felon in Texas may be enhanced, and the individual may face a longer prison sentence and a larger fine.
Additionally, if the individual has prior convictions for violent offenses, the penalty for possessing a firearm as a felon in Texas may be enhanced, and the individual may face a longer prison sentence and a larger fine.
It’s worth noting that the penalties for possessing a firearm as a felon in Texas are in addition to any penalties that may apply for the underlying felony offense that resulted in the individual’s status as a felon.
Arrested? Don’t Plea, Call Me!
If you are facing gun charges while a convicted felon, it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you, and develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential consequences of a conviction, including the possibility of jail time, fines, and other penalties, and work to minimize the impact of the charges on your life and future.
Overall, the criminal justice system can be complex and intimidating, and having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.