Felon in Possession of Firearm Defense Attorneys in Dallas

Have the police in Dallas arrested you for possessing a firearm based on your status as a convicted felon? A prior felony conviction can significantly restrict your firearm rights. The law also imposes significant penalties on felons who violate the prohibitions on their possession of firearms. After an arrest, you need dedicated legal representation to protect your interests. Contact Design 8 for an initial case evaluation with a weapons crimes defense lawyer to learn how our firm will fight to protect your rights, freedom, and future from the potential consequences of a conviction for possession of a firearm as a felon.

Do You Need a Criminal Defense Lawyer to Face Felon in Possession of Firearm Charges?

A felon in possession of a firearm defense attorney from Design 8 can guide you through the criminal justice process and advocate for your rights and interests as you face charges for possessing a firearm as a felon by:

• Independently investigating your case to ensure we have all the evidence available
• Reviewing the facts to identify potential defenses or case strategies
• Helping you understand the nature of your charges and the potential outcomes of your case so you can make informed decisions about how to proceed with your case
• Fighting the prosecution’s charges at every opportunity, including moving to exclude evidence that police may have obtained by violating your rights
• Vigorously pursuing the best possible outcome for your case, even if that means taking your charges to trial

Why Choose an Attorney from Design 8?

After being arrested for possessing a firearm as a convicted felon, you need experienced legal guidance to pursue a favorable resolution to your criminal case. Choose the legal team at Design 8 to advocate for your rights and interests because:

• Our firm has established a reputation for providing criminal defendants with comprehensive legal preparation, vigorous advocacy, and exceptional client service.
• We tailor our approach to each client’s specific case to meet their unique needs, concerns, and goals.
• At our firm, you will work directly with a knowledgeable criminal defense lawyer who will take the time to listen to your story, help you understand your charges and legal options, and develop a robust defense to help you pursue the best possible outcome under the circumstances.
• Our attorneys use their in-depth insights and litigation experience to protect your rights and interests in the criminal justice system.

Understanding Felon in Possession of Firearm Charges

Under Texas’s unlawful possession of a firearm statute, Section 46.04 of the Penal Code, a person previously convicted of a felony commits an offense if they:

• Possess a firearm prior to the fifth anniversary of their release from confinement or supervision
• Possess a firearm at any location other than their own residence after the fifth anniversary of their release

Possessing a firearm as a convicted felon constitutes a third-degree felony offense under Texas law.

The law further clarifies that an offense under Texas law, another state’s law, or federal law constitutes a felony if, at the time of commission, the offense:

• Is designated by Texas law as a felony
• Contains all the elements of an offense designated by Texas law as a felony, or
• Is punishable by incarceration for one year or more in a penitentiary

However, an offense does not qualify as a predicate felony if, at the time the person possesses a firearm, the offense:

• Is not designated by Texas law as a felony, and
• Does not contain all the elements of any offense designated by Texas law as a felony

Frequently Asked Questions About Felon in Possession of Firearm Charges

Common questions that people have about charges for possessing firearms as a felon include:

What penalties could I face for a conviction on felon in possession of firearm charges?

As a third-degree felony offense, a conviction for possessing a firearm as a felony carries a penalty of two to 10 years in prison and a potential fine of up to $10,000. A conviction will also add to your criminal record, potentially increasing the stigma of your felon status if you have multiple felony convictions. The increase in your criminal record can make it more challenging to pursue employment, housing, or educational opportunities.

What defenses might I have against a felon in possession of a firearm charge?

A person facing charges of possessing firearms as a felony may have various defenses against the prosecution’s case, such as:

• No Predicate Felony – A defendant may argue that they do not have a prior conviction that qualifies as a predicate felony disqualifying them from possessing a firearm under Texas law.
• Lack of Possession – Defendants may assert that the prosecution’s case fails to prove beyond a reasonable doubt that they had actual or constructive possession of a firearm.
• Lawful Possession – A felon who observes the required waiting period after their conviction can possess a firearm on their residential property. As a result, a defendant charged with possession of a firearm as a felon may argue they qualified for possessing firearms at home and did not possess a gun off their property.
• Unlawful Search and Seizure – Defendants may seek to have evidence of a firearm dismissed from their case by arguing that police found the gun in an unlawful search that violated the defendant’s rights.

An experienced defense attorney from Design 8 can review the facts of your case to determine what defenses you might have available to you.

What should I do after an arrest on felon in possession of firearm charges?

Steps you should take after an arrest for possessing a firearm as a felon include:

• Confirm the charges that the police have arrested you for
• Invoke your right to remain silent
• Refrain from answering questions from the police or starting conversations with officers
• Request to speak to a criminal defense attorney as soon as possible

Contact Our Firm Today for Experienced Legal Advice and Advocacy

After getting arrested for possessing a firearm as a felon, you need experienced legal counsel who can help you pursue a favorable resolution to your charges. Call Design 8 today at 214-764-5535 for a confidential consultation with a knowledgeable criminal defense lawyer to discuss your options for pursuing a favorable resolution to your criminal charges.