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Lawyer for Illegal Possession of a Firearm in Texas
Defend Your Rights against Illegal Firearm Possession Charges
Facing charges for the illegal possession of a firearm in Texas is a serious matter that can lead to severe consequences, including long-term imprisonment and the loss of constitutional rights. If you or a loved one are dealing with firearm charges, securing the experience expertise of a dedicated firearm possession attorney in Laredo is essential for defending your freedom and future.
Javier Guzman, a seasoned federal criminal attorney and staunch defender of his clients’ rights, is here to guide you through the complexities of illegal firearm possession charges. Read on to learn more about the potential penalties, the legal nuances, and how an experienced lawyer can help build a robust defense for your case.
And if you’re facing a charge, contact Guzman Law Firm at (956) 516-7198 to schedule a consultation and take the first step toward protecting your rights.
What is the sentence for illegal firearms?
The penalties for illegal firearm possession in Texas can vary widely based on the specifics of the case. Illegal possession can encompass a range of situations, from possessing a firearm without proper authorization to having a firearm in a prohibited location.
Per Texas Penal Code §12.21, charges for illegal possession of a firearm in Texas should fall under one of the following categories:
- Criminal possession of a firearm: This is often classified as a Class A misdemeanor, punishable by up to one year in jail and a maximum fine of $4,000. However, circumstances such as prior convictions can elevate the charge to a felony.
- Possession of an illegal weapon: Depending on the type of weapon and circumstances, this can be a misdemeanor or a felony, with fines up to $10,000 and prison sentences ranging from 180 days to 10 years.
- Using a weapon in the commission of a crime: This can range from a misdemeanor to a felony, with severe penalties that can range up to life imprisonment.
How much jail time do you get for a gun in Texas?
The amount of jail time for illegal firearm possession in Texas depends on various factors, including the nature of the offense, prior criminal history, and specific circumstances surrounding the case. For example:
Charge | Maximum fine | Jail time |
Class A misdemeanor | $4,000 | Up to 1 year in county jail |
State jail felony | $10,000 | 180 days to 2 years in state jail |
Third-degree felony | $10,000 | 2 to 10 years in prison |
Second-degree felony | $10,000 | 2 to 20 years in prison |
First-degree felony | $10,000 | 5 years to life in prison |
What makes a gun charge federal?
A gun charge becomes a federal offense when it involves violations of federal laws, such as:
- Interstate trafficking: Transporting firearms across state lines without proper authorization.
- Possession by prohibited persons: Individuals prohibited under federal law, such as convicted felons, domestic abusers, or those under restraining orders, possessing firearms.
- Use of a firearm in a federal crime: Using or carrying a firearm during the commission of a federal offense, such as bank robbery or drug trafficking charges in Texas.
Federal gun charges often come with more severe penalties than state charges and are prosecuted in federal court. A Laredo criminal defense lawyer can help to defend your life against the penalties the prosecution will levy against you, and may be able to help get these penalties reduced or dropped altogether.
Can you carry a gun in Texas if you have a misdemeanor?
In Texas, individuals convicted of certain misdemeanors may face restrictions on carrying firearms. Key points include:
- Class A and B misdemeanors: Convictions for crimes such as assault or domestic violence can prohibit firearm possession for a specific period, typically five years from the date of release from confinement or community supervision.
- Protective orders: Those subject to protective orders, even for misdemeanors, are prohibited from possessing firearms.
How a Laredo firearm possession attorney can help your case
Facing illegal firearm possession charges without proper legal representation can jeopardize your future. A skilled Laredo firearms attorney can:
- Challenge unlawful searches: Ensure that any evidence obtained through unlawful searches and seizures is excluded from your case.
Identify legal defenses: Argue that you were transporting, not possessing, the firearm, or that any alleged threat was unintentional. - Prove lack of knowledge: A viable defense can demonstrate that the defendant was unaware of the firearm’s presence.
- Argue temporary possession: In some cases, proving that the possession was temporary and for a lawful purpose can be a defense.
- Protect your rights: Ensure that your constitutional rights are upheld throughout the legal process.
How a federal firearm charge can affect your federal criminal case
On November 1, 2023, the Federal Sentencing Guidelines were amended to include a two-level reduction in sentences for persons who had no prior criminal history. In order to receive the two-lever reduction the person must meet certain criteria, including but not limited to:
- The defendant did not possess a firearm
- The defendant did not use violence or threats of violence in connection with the offense
- The offense did not result in death or serious bodily injury
If you are arrested on federal drug charges, depending on the amount of drugs the government accuses you of possessing, there could be mandatory minimums of 5 or 10 years to life in prison. One way to be able to receive a sentence below a minimum mandatory sentence is by qualifying for “Safety Valve.”
If you qualify for Safety Valve, which is located in 18 U.S.C. § 3553, you will receive a two-level reduction in the sentence you receive. In order to qualify for Safety Valve, you must meet certain criteria, including but not limited to:
- You did not possess a firearm
- You do not have more than 4 criminal history points
Safety Valve is only applicable for certain federal drug charges, and may allow you to avoid the otherwise applicable mandatory minimums, but in order to qualify, you’ll need a high-quality Laredo drug lawyer.
Contact a Texas firearm defense attorney from Guzman Law Firm today
If you or a loved one is facing charges for illegal possession of a firearm in Texas, it is critical to act quickly. Javier Guzman is a criminal defense attorney in Laredo who stands ready to provide aggressive and compassionate representation to protect your rights and fight for your freedom.
To schedule a consultation and begin building a strong defense, contact Guzman Law Firm today at (956) 516-7198 or reach out online. Don’t leave your future to chance — secure experienced legal representation and take the first step toward protecting your rights.
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