For Those Charged With a Crime
Defense for Unlawful Possession of a Firearm
Protecting Client’s Future in Texas
With some of the most lenient firearm possession laws in the United State, Texas remains one of the most influential states in protecting the Second Amendment rights of its residents. However, the Lone Star State has laws on the books that prohibits the possession of a firearm under a few specific circumstances. Knowing how Texas handles firearm possession statutes is important for anyone that wants to own and carry a firearm.
If you face the charge of unlawful possession of a firearm, you should consult with a Texas licensed criminal defense lawyer who understands the various defenses used to fight the charges. Because the legal landscape rapidly changes when it comes to gun possession laws, it is important that anyone charged with unlawful possession of a firearm find the best legal counsel to defend against all charges. Texas criminal defense attorney Adam Capetillo will conduct an extensive investigation into your case to determine which of the defenses available for unlawful possession of a firearm works best for your unique case.
How the Texas Penal Code Address Unlawful Possession of a Firearm
Texas Penal Code 46.04 presents three legal conditions that allow the state to charge someone with the crime of unlawful possession of a firearm. First, it is unlawful for a convicted felon to possess a firearm before the fifth anniversary of his or her release from jail. Second, Texas law prohibits convicted sexual assault criminals from possessing a firearm before the fifth anniversary of their release from jail or their release from community supervision. Finally, an employee of the State of Texas who is under a protective or restraining order cannot possess a firearm until the court allows the order to expire.
According to Texas Penal Code 12.21, unlawful possession of a firearm charge typically triggers a Class A misdemeanor, which carries a prison sentence up to one year and/or a fine that cannot exceed $4,000. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. A third-degree felony carries a jail sentence up to 10 years and or a fine up to $10,000. The harsher third-degree penalty usually is issued because the defendant committed a felony or the defendant has a criminal record.
Defending an Unlawful Possession of a Firearm Charge
Do not assume the Second Amendment to the United States Constitution automatically protects you in a case that involves the unlawful possession of a firearm. In fact, many court decisions have declared the Second Amendment invalid when it pertains to committing a criminal act such as unlawful possession of a firearm. However, experienced criminal defense attorney Adam Capetillo can invoke one of the possible defenses used for an unlawful possession of a firearm case.
If you possessed a firearm at a time when you needed to defend yourself, it is a strong defense to claim you needed the firearm to remain unharmed. This defense requires testimony from credible eyewitnesses that will verify your story. We will also present evidence that up until the time of self-defense, you did not possess the firearm in question.
The prosecution must prove “Beyond a reasonable doubt” that you possessed a firearm. Evidence can come in the form of video surveillance and/or the testimony of eyewitnesses at the scene where you were arrested for possessing a firearm. The firearm you allegedly possessed might not be listed under your name, which increases the likelihood you never had the gun in your grasp. If we can prove there is insufficient evidence to convict you of unlawful possession of a firearm crime, the judge presiding over your case has the power to throw out all of the charges against you.
Violation of the Constitution
To prove you unlawfully possessed a firearm, the State of Texas must obtain the firearm to use as evidence in a criminal trial. In some cases, the law enforcement agency having jurisdiction over your case might violate the 4th Amendment to the United States Constitution by conducting an invalid search. Law enforcement must acquire a legally binding search warrant to search and seize a firearm. In addition, we can argue a law enforcement agency violated your Miranda rights by not allowing you to speak with an attorney.
Never allow an unlawful possession of a firearm charge hang over your head. You need to take immediate action by working with a Texas licensed criminal defense lawyer. Adam Capetillo will work hard to find the most effective defense to use for exonerating you of all unlawful possession of a firearm charges.
Schedule a free initial consultation with Adam Capetillo by submitting the online contact form or by calling our office at (346) 249-5544.