Minimum Sentence for a Felon in Possession of a Firearm in Texas

 Posted on October 10, 2024 in Criminal Defense

In Texas, gun laws are strict, and penalties can be severe, especially for convicted felons caught in possession of a firearm. Federal and state laws prohibit anyone convicted of a felony from owning or possessing a gun, and violations can result in serious prison time. If you are facing a firearm charge as a felon, it is important to understand the minimum sentences and how Texas law can impact your case. An experienced Plano, TX criminal defense attorney can provide guidance and fight for your rights.

Texas Law on Felon in Possession of a Firearm

Under Texas Penal Code Section 46.04, it is illegal for someone convicted of a felony to possess a firearm. This law applies to anyone convicted of a crime that carries a potential prison sentence of one year or more. According to Texas law, a felon may not possess a firearm at any time within five years of their release from confinement, parole, or probation. After that five-year period, a felon may only possess a firearm in their home, and not in public.

However, under federal law, it is illegal for a convicted felon to possess a firearm anywhere at any time, regardless of how long ago the conviction occurred. This means that even if Texas law allows for limited possession of a firearm in the home, the person could still be prosecuted under federal law.

Minimum Sentencing for Felon in Possession of a Firearm in Texas

In Texas, the charge of unlawful possession of a firearm by a felon is classified as a third-degree felony. The penalties for a third-degree felony are serious and include:

• Two to 10 years in prison

• Fines of up to $10,000

This means that the minimum sentence for a felon found guilty of firearm possession in Texas is two years in prison. Additionally, the law mandates that the person’s criminal record and any prior convictions can affect the length of the sentence. For repeat offenders or those with violent felony convictions, the sentence may be harsher.

Federal laws also impose strict penalties for felons in possession of a firearm. Under federal law, a felon convicted of possessing a firearm can face up to 10 years in federal prison. If the person has three or more prior convictions for violent felonies or serious drug offenses, they may face a minimum sentence of 15 years under the Armed Career Criminal Act (ACCA).

Why You Need an Attorney

The consequences of a conviction can be life-altering, making it crucial to have strong legal representation. In addition to jail time, fines, and probation, you may have a hard time finding a job and a place to live, and could even face consequences in terms of your custody of your children. A Plano criminal defense attorney can help review the details of your case, challenge the evidence, and work to reduce or dismiss the charges.

Contact a Plano, TX Felony Gun Crimes Defense Attorney Today

If you are a felon facing firearm possession charges in Texas, it is crucial to take immediate action to protect your future. A conviction can lead to serious consequences, including prison and fines. At The Crowder Law Firm, P.C., our skilled Collin County, TX criminal defense lawyers have experience handling firearm-related charges and will work to build a strong defense on your behalf. Contact us today at 214-544-0061 to schedule a free consultation and take the first step in safeguarding your rights and freedom.