Felony Defense Attorney Dallas

Felony Defense Attorney Dallas On Gun Ownership For Felons

As a US citizen, you have every right to own a firearm but a criminal conviction can take it away. A felony defense attorney in Dallas may be able to restore this right. Read on to find out how.

The Second Amendment grants every US citizen the right to bear arms. However, this right is not absolute. There are certain restrictions, such as the prohibition against convicted felons owning firearms. The reasoning behind this restriction is simple: convicts have demonstrated that the state cannot trust them to handle weapons responsibly. They have broken the law, and thus society has taken away their right to own a gun.

Texas Laws On Convicted Felon Possessing Firearms

Texas prohibits convicted felons from possessing firearms. This prohibition includes both felony and misdemeanor convictions. The only exception to this rule is if the felony conviction was for a non-violent offense. Under Texas law, if authorities catch a convicted felon possessing a firearm, they could charge the felon with unlawful firearm possession. The firearm possession should have the following elements to get a conviction:

• The defendant is a convicted felon.
• The defendant knew they were not allowed to possess a firearm.
• The defendant knowingly had the firearm.
• The possession of the firearm was not under a valid legal exception.
• It has not been more than five years since the felon’s prior felony conviction or release from confinement.

If the prosecutors prove these elements, the courts can enhance the conviction to a third-degree felony. If the felony conviction was for a non-violent offense, the maximum punishment is two years in prison and a $10,000 fine. If the felony conviction was for a violent crime, the maximum sentence is ten years in jail and a $10,000 fine.

Difference Between Texas State Law & Federal Law

Under Texas State Law, a convicted felon may buy a firearm within the state of Texas five years after the completion of their sentence. The only way to get this right back is through a pardon from the governor or a court’s complete restoration of civil rights.

However, federal laws are different. Federal law prohibits any convicted felons from ever possessing a firearm permanently. There is no time limit on this prohibition. The only way to restore this right is through a presidential pardon.

Persons Convicted With Assault & Firearm Possession

If you have been convicted of felony assault and also had a firearm in your possession during the commission of the crime, you will not be able to possess a gun again. Even if the felony assault conviction turns into a  misdemeanor, this restriction will still be valid.

Likewise, convicted felons of a Class A misdemeanor assault involving a family member cannot possess a firearm for five years after completing their sentence.

However, if you were only convicted of misdemeanor assault and did not have a firearm in your possession, you can possess a firearm once you have completed your sentence.

Punishment For Unlawful Possession Of A Firearm By A Felon

If you are caught with a firearm and are not supposed to have one, the penalty will depend on the felony conviction on your record. If the felony is a non-violent offense, the maximum sentence is two years in jail and a $10,000 fine. If the felony conviction is a violent crime, the maximum penalty is ten years in prison and a $10,000 fine.

How To Get Gun Rights Back After A Felony Conviction?

If you are convicted of a felony, you can restore your gun rights in the State of Texas if you meet specific requirements. To have your gun rights restored, you must:

• Wait five years after the completion of your sentence.
• Have a felony conviction that is not for a violent offense.
• Not be convicted of any other felonies during the five-year waiting period.

You can apply for the return of your gun rights if you meet these requirements. The process to restore your gun rights is through a pardon from the governor or a complete restoration of civil rights by the court.

How A Felony Defense Attorney Dallas Can Help

If you are a felon caught in possession of a firearm, it is essential to hire an experienced felony defense attorney Dallas. A felony conviction on your record can complicate matters if you are caught with a gun in your possession. An experienced felony defense attorney will be familiar with the law and can help you navigate the legal system.

A felony defense attorney can also investigate the facts of your case and look for any possible defenses. If you face felony possession of a firearm, contact an experienced felony defense attorney Dallas to know your legal options and build a strong defense.

Possible Defenses For A Convicted Felon Caught With A Firearm

Suppose you are a convicted felon and authorities catch you in possession of a firearm. In that case, there are some possible defenses that your felony defense attorney Dallas can raise on your behalf. These defenses include:

1. You did not know you were a convicted felon.

If you did not think you were a convicted felon, you might be able to raise this as a defense. For this defense to succeed, you must show that you reasonably believed you have all your civil rights intact.

2. The gun was not in your possession.

If the weapon was not in your actual control but was instead in possession of someone else, you may be able to avoid a conviction. To prove this defense, you must show that you did not have control over the gun and did not know it was present.

3. The gun was in your possession for a lawful purpose.

If you can prove that you had the gun for a lawful purpose, such as self-defense, you may be able to avoid a conviction.

The conviction of a felon for firearm possession depends mainly on the solid evidence presented by the prosecution.

First, they need to prove that the felon voluntarily obtained the gun. Next, they need to prove that the felon is in complete control of the firearm for a sufficient period. The Texas courts define possession as the actual care, custody, control, or management of something. If you are not in complete control of the firearm for a significant period OR if someone else had partial or equal control over it, you might have a valid defense to felony possession of a gun.

A felony defense attorney can help establish the facts of your case and determine what defense is best. If you face a charge of felon in possession of a firearm, an experienced felony defense attorney Dallas is the most valuable asset in fending off charges against you.

How To Own A Gun Sooner Even If You Are A Convicted Felon

If you are a convicted felon, there are two ways to have your gun rights restored sooner in Texas. The first is through a pardon from the governor. The second is through a complete restoration of civil rights by the court.

Gun Rights Restoration By Pardon

To receive a pardon from the governor, you must:

1. Wait five years after the completion of your sentence.
2. Have a felony conviction that is not a violent offense.
3. Not be convicted of any other felonies during the five-year waiting period.

If you meet these requirements, you can apply for a pardon from the governor. If the governor pardons you, the state will restore your gun rights immediately.

Gun Rights Restoration By Civil Rights Reinstatement

The second way to have your gun rights restored sooner is through the court’s complete restoration of civil rights. To be eligible for this, you must:

1. Wait five years after the completion of your sentence.
2. Have a felony conviction that is not a violent offense.
3. Not be convicted of any other felonies during the five-year waiting period.
4. Complete a firearms safety course.

If you meet these requirements, you can file a petition with the court to have your gun rights restored. If the court grants your petition, they will reinstate your gun rights immediately.

If you are a convicted felon and want to restore your gun rights sooner, contact an experienced felony defense attorney Dallas who can help you navigate the process.

However, it is essential to note that a Governor’s pardon for restoring gun rights is only applicable within Texas. If you regain your right to possess a firearm, this right is limited to Texas and does not extend to other states.

As for Federal Laws, a convicted felon will never be able to possess a firearm, and attempting to do so will result in felony charges. The only way to restore your Federal gun rights is through a presidential pardon.

Hire A Felony Defense Attorney In Dallas For Gun Rights Restoration

The process of restoring your gun rights can be complicated and confusing. An experienced felony defense attorney in Dallas can help you navigate the process and meet all the requirements. If you have been charged with a felony or are a convicted felon, contact an experienced felony defense attorney in Dallas to help you restore your gun rights.

The Medlin Law Firm has successfully defended many clients against felony gun possession charges. They understand restoring gun rights and can help you through every step of the process. Contact them today for a free consultation.

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