San Antonio Firearm CHARGES Attorney
If you were charged with a weapon or firearm charged in San Antonio or the surrounding areas in Texas, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. During the consultation, you can talk with the attorney about the charges pending against you, the potential penalties that might come with a conviction, and the best ways to avoid a conviction.
Weapon/Firearm Crimes
Crimes related to weapons or firearms can be prosecuted in state or federal court. In some cases, the crimes are regulatory in nature. In other cases, the crimes are related to the improper exhibition or discharge of a firearm. Although the Second Amendment provides for a right “to keep and bear arms,” both state and federal law strictly regulates the use and possession of firearms.
Call (210) 899-7566 today to discuss your case.
Gun Laws Under Texas Law
Section 46.04 of the Texas Penal Code governs the unlawful possession of a firearm by a person convicted of certain crimes. The offense can range from a Class A misdemeanor, for those convicted of domestic violence to a third-degree felony for convicted felons in possession of a firearm.
Texas Law Prohibiting a Felon in Possession of a Firearm
A felon in possession of a firearm can be charged under Section 46.04 under two sets of circumstances:
- After a prior conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
- After the period described in subsection (1), at any location other than the premises at which the person lives.
A conviction under this section is a third-degree felony with a range of punishment of two to 10 years for a defendant with one prior felony conviction, as well as a fine of up to $10,000.00.
Elements of the Texas Statue for Felon in Possession
In order to convict a felon for possession of a firearm in Texas, the State must first show that the defendant is a convicted felon who, within five years of his release from prison or community supervision, knowingly and voluntarily possessed a firearm.
The elements of the crime must be proven by the prosecutor at trial beyond all reasonable doubt. Firearm crimes can be proven through direct or circumstantial evidence, by establishing an affirmative link between the defendant and the firearm. Circumstantial evidence may include any of the following factors:
- The firearm was found in a vehicle driven by the defendant;
- The firearm was found in a place owned by the defendant;
- The firearm was found in a place conveniently accessible to the defendant;
- The firearm was located in plain view; or
- The firearm found in an enclosed space.
Actual possession of the firearm is not necessarily required under Section 46.04.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Defenses for Possession of a Firearm by a Convicted Felon
Although Texas law does not contain any affirmative defenses to unlawful possession of a firearm by a felon, the law does provide several general defenses that can be used by a person charged with unlawful possession of a firearm under Section 46.04 such as mistake of fact, mistake of law, or necessity.
The Cleansing Period in Texas
The law in Texas has a “cleansing” period that allows a person convicted of a felony to own a firearm after a specified period of time after a criminal conviction. Under Section 46.04, in some cases, a person convicted of a felony can possess a firearm on the premises where he or she resides five years after being released from prison or probation. It is important to keep in mind that compliance with Section 46.04 does not prevent a prosecution for unlawful possession of a firearm under federal law.
Don Flanary represents clients charged with weapon offenses in San Antonio and throughout Bexar County. Call (210) 899-7566 for a free and confidential consultation to discuss your case.
