An Effective Defense Against Charges For Unlawful Possession Of A Firearm
Unlawful possession of a firearm is a serious gun. A conviction can result in prison time, steep fines and loss of your gun rights. Prosecutors face a lot of pressure to take a hard stance on these cases. They particularly go after those they perceive to be a higher threat to the community: convicted felons and alleged perpetrators of family violence.
If you’re facing a gun charge for unlawful possession, you need a strong, effective criminal defense attorney. You will find the advocacy you deserve at the Law Office of Russ Hunt, Jr. Russ will thoroughly examine all possible defenses to help you fight a conviction. He has the decades of experience that it takes to address the nuances of weapons cases.
Unlawful Possession Under State And Federal Law
Certain people are prohibited from possessing firearms under Texas state law and federal law. The categories of prohibited people include:
- Convicted felons
- Those convicted of a family violence assault
- Those who are the subject of a family violence protective order
If you get caught unlawfully carrying a firearm, you could face both state AND federal charges – something many people don’t realize.
Are There Any Exceptions?
Texas law allows convicted felons to possess firearms in their home, under limited circumstances, once five years have passed after their release from confinement, parole or probation. At the federal level, however, those with domestic violence convictions face a lifetime ban.
What Are Some Defenses To Unlawful Possession Cases?
The defenses to unlawful possession of firearms are similar to defenses against anything else that is prohibited like drugs:
- Were you actually in possession of the gun?
- Was the item hidden away in a container or in plain view?
- Was the gun placed somewhere with other identifying items that tie back to you?
- Did other people have access to the place where the weapon was found?
- Are there any witnesses?
The answers to these and other questions will determine will influence the prosecution’s ability to prove, beyond a reasonable doubt, that you meet the criteria for unlawfully possessing a firearm.
When Is The Prosecution More Likely To Cut You Some Slack?
Prosecutors throughout Texas place a big emphasis on prosecuting those charged with unlawful possession of firearms. They don’t want to run the risk of allowing a prohibited person to run around with a deadly weapon like a firearm.
Part of your attorney’s job is to convince the prosecution that you don’t pose a risk to the public and that your situation doesn’t warrant harsh punishment. That might be easier if you were possessing the gun for a lawful purpose such as hunting. Especially in some more rural jurisdictions, if you were out for hunting with your buddies, you may have a stronger argument that the prosecution should cut you some slack. Likewise, if you used the firearm for the legitimate purpose of self-defense, you may have a defense of necessity.
On the other hand, other circumstances may result in the prosecution taking a harsher approach. For example, if the firearm was being used in a threatening manner or to commit some other crime, this will weaken the defense to the possession charge. Likewise, if you’ve been to prison before, the prosecution is more likely to seek prison time for unlawful possession cases.
The takeaway is that facts of your individual case will determine how likely it is that your lawyer can convince the prosecutor to let go of a gun charge. Russ will leverage all of the favorable factors in your case to build a persuasive defense.
Get A Defense Lawyer Who Can Stand Up To The Prosecution
It is very important to hire an attorney who is well-versed in your particular jurisdiction to help you avoid a conviction and any possible prison time that goes along with it. Based in Georgetown, Russ has extensive experience defending clients in jurisdictions across Central Texas.