Felon in Possession of a Firearm
If you have been convicted of a felony a possess a firearm, that is an offense under federal and state law. The prosecutors will decide whether to refer your case to United States Attorney or if the district attorney will keep the case for prosecution in state court. Generally, if you have multiple criminal convictions or there was a significant amount of drugs involved, your case will most likely be referred to the United States Attorney’s Office because the federal system is more punitive for criminal defendants.
In federal court a violation of federal firearms law is typically punishable by up to 10 years in Federal prison and up to a $250,000 for each offense. But, if the crime involved drug trafficking or a crime of violence, the sentence can be as high as 25 years in prison.
If you are charged with a state offense of felon in possession of a firearm you could face a third-degree felony which is punishable by 2-10 years in the Texas Department of Criminal Justice. Tex. Penal Code. § 46.04 prohibits felons from possessing a firearm “after 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;”
If your case goes federal then the first step after you are arrested is the detention hearing. A federal felon in possession of a firearm offense carries a presumption that you are a danger to the community, risk of flight, and that no combination of conditions will assure your appearance at trial. Because of this legal presumption, the United States Attorney will most likely seek to detain you pending trial. This means that you will have to stay in jail pending your case. At The Major Law Firm, we fight aggressively to get you out of jail pending trial. The government knows that if you remain in jail it is more likely that you will take a plea. It is critical to obtain your freedom pending trial and the Major Law Firm has an impeccable track record obtaining release for clients pending trial. It is important to have an experienced attorney that can put together the best bail package to convince the judge to release you pending trial.
There are a number of defenses and strategies that the MajorLaw Firm will employ on your behalf in a felon in possession case, including:
• Using pretrial motions to seek the suppression of evidence obtained as a result of an illegal search and seizure
• Using pretrial motions to seek the suppression of evidence obtained as a result of a search performed pursuant to a search warrant that was not supported by probable cause
• Trying your case to jury, if the prosecution does not have sufficient evidence to prove their case
• Negotiating a favorable plea agreement to minimize your exposure to harsh penalties
• The Federal government aggressively prosecutes felon in possession cases cases.
If you are under investigation or have been charged with a felon in possession crime, it is in your best interest to retain an attorney who is willing to aggressively defend your rights and your freedom.The Major Law Firm has a positive track record for achieving positive results for his clients. Call us today for your free, confidential consultation.