Frisco Felon in Possession of Firearm Lawyer

Facing charges for felon in possession of a firearm in Frisco can result in severe penalties that forever change your life. Texas takes gun crimes seriously. A conviction can lead to years in prison, substantial fines, and the permanent loss of your constitutional rights. If you’re confronting these charges, you need an experienced Frisco felon in possession of a firearm lawyer who understands both state and federal weapons laws.

At My Dallas Criminal Lawyer, we have successfully defended clients throughout Collin County against weapons charges. Our team, led by former prosecutor Justin Wilson, brings insider knowledge of how prosecutors build these cases and the strategies that work in Frisco courts. Additionally, we offer free consultations and are available 24/7 to protect your rights from the moment you’re arrested.

Don’t wait to secure legal representation. Call 214-949-4117 now for immediate assistance with your felon in possession of firearm case.

Understanding Felon in Possession of Firearm Charges in Texas

Texas law strictly prohibits individuals with felony convictions from possessing firearms. These charges carry serious consequences. Furthermore, prosecutors can pursue these cases at both the state and federal levels. Understanding the specific laws and how they apply to your situation is crucial for building an effective defense.

Texas Penal Code Section 46.04 – Unlawful Possession of Firearm by Felon

Under Texas Penal Code Section 46.04, it is illegal for anyone who has been convicted of a felony to possess a firearm before the fifth anniversary of their release from confinement or community supervision. The law defines possession broadly. This includes both actual physical possession and constructive possession.

Key elements prosecutors must prove include:

• You were previously convicted of a felony
• You possessed a firearm
• The possession occurred within five years of your release from confinement or supervision
• You knew you possessed the firearm

The statute applies to all types of firearms. This includes handguns, rifles, shotguns, and any device designed to expel a projectile through a barrel using explosive force. Even antique firearms and black powder weapons can trigger charges under certain circumstances.

Federal vs. State Charges for Firearm Possession

Prosecutors can pursue felon in possession cases under both Texas state law and federal law. Federal charges under 18 U.S.C. § 922(g) often carry harsher penalties and mandatory minimum sentences. Federal prosecutors typically pursue cases involving:

• Interstate commerce connections
• Multiple firearms
• Organized criminal activity
• Repeat offenders with extensive criminal histories

State prosecutors in Collin County handle most routine felon in possession cases. However, federal authorities may take over cases they view as more serious. Having an attorney who handles both state and federal courts is important for comprehensive defense representation.

Penalties for Felon in Possession of Firearm in Frisco

The consequences for unlawful firearm possession by a felon are severe and can impact every aspect of your life. Understanding the potential penalties helps you appreciate the importance of mounting a strong defense.

Third-Degree Felony Penalties Under Texas Law

In Texas, prosecutors typically charge felon in possession of a firearm as a third-degree felony. Conviction carries:

• 2 to 10 years in state prison
• Fines up to $10,000
• Potential probation with strict conditions
• Temporary loss of voting rights while on probation, parole, or incarcerated
• Permanent criminal record

The court has discretion in sentencing. However, prior criminal history significantly influences the outcome. Repeat offenders face enhanced penalties and reduced chances of probation. Even first-time offenders on this charge may receive substantial prison sentences.

Federal Sentencing Guidelines and Enhanced Penalties

Federal felon in possession charges carry even harsher consequences. Under federal law, conviction can result in:

• Up to 10 years in federal prison
• Substantial fines
• No possibility of parole (federal sentences must be served at least 85% of the term)
• Enhanced penalties for career criminals (up to life imprisonment)

Federal sentencing guidelines consider factors like criminal history, the type of firearm, and whether the weapon was used in another crime. Career offenders under the Armed Career Criminal Act face mandatory minimum sentences of 15 years to life.

Collateral Consequences Beyond Prison Time

A felon in possession conviction creates lasting consequences beyond incarceration:

• Permanent loss of gun rights
• Difficulty finding employment
• Loss of professional licenses
• Immigration consequences for non-citizens
• Ineligibility for federal benefits
• Housing restrictions
• Impact on child custody arrangements

These collateral consequences often prove more devastating than the criminal penalties themselves. Protecting your future requires aggressive defense representation from the outset.

The Legal Process for Felon in Possession Cases in Collin County

Understanding how felon in possession cases proceed through the Collin County court system helps you prepare for what lies ahead. Each stage presents opportunities for defense advocacy and case resolution.

Most felon in possession cases in Frisco begin with arrest and booking. The process typically follows this timeline:

1. Initial Arrest and Booking: Police arrest you and transport you to the Collin County jail. You’ll be fingerprinted, photographed, and held pending bond determination.
2. Magistrate Warning: Within 48 hours, you’ll appear before a magistrate who explains the charges and sets bond. Having an attorney present protects your rights during this critical stage.
3. Grand Jury Review: Prosecutors present evidence to a grand jury, which determines whether to issue a formal indictment. Grand jury proceedings are secret. However, your attorney can investigate the case and prepare for potential charges.
4. Arraignment: If indicted, you’ll be arraigned in district court where you enter a plea. This begins the formal prosecution process and discovery phase.
5. Pre-Trial Motions: Your attorney files motions to suppress evidence, dismiss charges, or limit prosecution evidence. These motions often determine case outcomes.
6. Trial or Plea Negotiation: Cases resolve through plea agreements or jury trials. Your attorney negotiates with prosecutors and advises you on the risks and benefits of each option.

Working with Prosecutors in Collin County

Collin County prosecutors handle felon in possession cases aggressively. However, they are often willing to negotiate when faced with strong defenses. Factors that influence prosecution decisions include:

• Strength of the evidence
• Your criminal history
• Circumstances of the arrest
• Public safety concerns
• Court resources and caseload

Experienced defense attorneys understand prosecutor tendencies. They can often negotiate favorable plea agreements or secure dismissals when appropriate. Early intervention by skilled counsel significantly improves case outcomes.

Why Choose My Dallas Criminal Lawyer for Your Frisco Gun Charge

Selecting the right attorney for your felon in possession case can mean the difference between freedom and years in prison. Attorney Justin Wilson brings valuable insider knowledge as a former prosecutor who handled weapons cases for years, providing understanding of how prosecutors build cases, knowledge of common weaknesses, relationships with prosecutors and judges, and insight into plea negotiation strategies. This prosecutorial background allows us to anticipate prosecution strategies and build more effective defenses.

Our firm has successfully defended numerous clients against weapons charges in Frisco and throughout Collin County, achieving dismissals of felon in possession charges, reduced charges and penalties, successful suppression of illegally obtained evidence, favorable plea agreements avoiding prison time, and acquittals at trial. We maintain a 5.0 Google rating with over 42 reviews, reflecting our commitment to client service and case results through responsive communication, thorough preparation, and aggressive advocacy.

Frequently Asked Questions About Felon Firearm Possession

Don’t Face Felon in Possession Charges Alone

If you’re facing felon in possession of firearm charges in Frisco, immediate action is crucial. The prosecution is already building their case against you. Every day you wait gives them more time to strengthen their position.

Contact My Dallas Criminal Lawyer today for a free consultation. We’re available 24/7 to discuss your case and begin building your defense immediately. Call 214-949-4117 or contact us through our online form today.

Your freedom and future are too important to leave to chance. Let our experienced team fight for your rights and work toward the most favorable outcome possible in your case.