Know Your Rights: What to Do When Pulled Over in Texas
felony possession of a firearm

Charged With Felony Possession Of A Firearm? Here’s What To Do

If you are charged with a felony possession of a firearm, you can go to prison for ten to fifteen years without the offering of parole.

This punishment varies from state to state but is pretty common all over the United States.

If you have been charged with a felony possession of a firearm, here are some things you need to know and understand moving on.

What Is and Isn’t Considered A Firearm

A firearm is a weapon like a gun, shotgun, or any firearm. Decorative ones do not count.

However, every state defines a firearm under their own specifics, so it is vital that you know how your own state defines it. You may be able to get off on a technicality if the law isn’t explicit.

The Constitution Is Meant To Protect You

You will often hear people talking about “their second amendment rights”, but it is rare that most people know them well enough. It is vital that if you are being charged with gun possession that you understand the second amendment.

Not only could this prevent a federal charge, but it could greatly reduce your sentence time depending on the state you live in.

For example, Texas gun laws vary greatly from those of federal laws. However, it is not likely that a courtroom is willingly going to give you this information. So, it is important that you do research and look into your own rights.

Know What The Term “Possession” Really Means

Possession does not necessarily mean that you have to have a gun on your person and get caught with it. There are varying degrees of possession. For example, if you are a convicted felon, you cannot have a gun in your house or your car.

Even if that gun does not belong to you: it doesn’t matter. And even if you are not present in either location, you can still get tried with what is called constructive possession.

While such cases can be fought, it can often be hard to convince a jury that a convicted felon knew nothing about a gun in or around their home or person. This is why it is important in these situations to know your rights and to get a lawyer with gun possession know-how.

You may be lucky enough to get a misdemeanor for someone else’s mistakes. But if you have a background already, such a risk isn’t worth it.

Charged With Felony Possession Of A Firearm? A Lawyer Is Always Worth It

In a perfect world, you will not need an attorney to seek justice in the court system. However, this is not a perfect one, and no matter how much research you do on your own, it’ll never equate to the know-how that a defense attorney will have on such matters.

Possession of a firearm by a convicted felon is often an open and close case. An open and close case that can take a decade of your life away.

And if you want someone on your side, who knows the law inside and out, and the ropes, it is important to hire someone to help you. You’ve already served time. Why serve time again?

Do you have questions or comments? Please feel free to contact us!

Houston Criminal Law Firm