Possession of Firearm by Felon
The freedom to carry firearms has long been engrained in Texas culture. Our state made it legal to carry a concealed weapon with a concealed weapon license years ago, a decision that is the subject of very little controversy here. Sadly, another principle is not as present in our culture: Forgiveness.
Our state likes to make it tough on people who have been convicted of crimes, sometimes for years after they’ve done their time. Sometimes, those two principles — our gun culture and our lack of forgiveness — mix to the detriment of those who have been outside the law at some point in their lives.
It is a felony for a person who has been convicted of a felony to carry a firearm. If you live in a dangerous neighborhood, it may seem natural for you to carry a weapon with you — even necessary. This charge is a so-called “crime” that, more than anything, just keeps people trying to rebuild their lives in jail. But if you’ve been caught with a firearm, you face serious penalties that could further the damage of any previous conviction. Your best bet is to hire a seasoned criminal defense attorney to take on your charges.
Houston Firearms Charges Lawyer
Matt Horak is an experienced criminal defense attorney in Houston. As former Harris County Assistant District Attorney, Matt Horak knows the criminal justice system and understands the way prosecutors work. He will put that knowledge to work for you in your weapons charges case.
Horak Law will fight for your rights and for you to keep your freedom. Call (713) 225-8000 to learn more about your legal options during an in-depth consultation. Call to find out how to mount an aggressive defense against these serious charges. Let Matt Horak look at your specific situation and find the best defense for your case.
Convicted Felons Cannot Carry Firearms
Texas Penal Code Section 46.04 prohibits anyone who has been convicted of a felony from carrying a gun. That includes handguns, shotguns, hunting rifles and any other type of gun, other than antique guns made before 1899.
Felons cannot carry any kind of firearm anywhere for five years after the end of their sentence, which means after they are released from jail and any kind of probation, parole or community supervision, commonly known as being “off paper.” Once they reach the end of five years, they may carry a firearm at their residence, but cannot take it off those premises.
This restriction continues for the rest of their lives. That means if you live in a dangerous neighborhood and need protection, and therefore carry a small handgun, you could be charged. If you take your child hunting and have rifles in your truck, you could be charged. If you go skeet shooting, you could be charged.
It’s a third-degree felony, meaning you will be made a felon once again, and sentenced from two to 10 years in prison and up to a $10,000 fine.
Domestic Assault Convictions
The same law extends for those who have been convicted of assault of a member of their family or household under Section 22.01 of the Penal Code. This offense is a Class A Misdemeanor, punishable with up to a year in jail and a $4,000 fine. While a lesser offense, it will stay on your permanent criminal record for life and could hurt your chances at getting a job or housing.
Horak Law | Harris County Lawyer for Firearms Charges
If you’ve been convicted of a felony and have served your time but are now facing another felony charge because you were allegedly caught with a firearm, don’t resign yourself to going back to jail. You can fight the gun charges.
The prosecutors must prove the charges “beyond reasonable doubt.” A criminal defense attorney can help you find that reasonable doubt or any mistake in the procedure that could lead to the charges being reduced or dismissed.
Matt Horak is an experienced criminal defense lawyer who will fight for you. Call (713) 225-8000 for a free, in-depth consultation.