Dallas Unlawful Possession of a Firearm Attorney

An arrest for unlawful possession of a firearm typically arises from one of two different circumstances.  If you’ve been convicted of a felony within the past five years, or released from felony probation or parole, and less than five years have lapsed, it is illegal to possess a firearm.  If it’s alleged that you have, you can be charged with unlawful possession of a firearm by a felon.   This version of the offense is a third degree felony, which is punishable by 2 to 10 years in the state penitentiary, and up to a $10,000 fine.

On the other hand, if you have been convicted of a Class A misdemeanor assault which involved family violence, you can also be charged with unlawful possession of a firearm.  This offense is a Class A misdemeanor, with a penalty range of up to

1 year in the county jail, and up to a $4000 fine.  Family violence assaults are those said to involve family members, which includes wives, husbands, brothers, sisters, etc., or anyone with whom you have had a dating relationship.

In order to be convicted of unlawful possession of a firearm, you must have been convicted (i.e., either of the felony, or of the assault/family violence, as indicated above).  In other words, if you successfully completed deferred adjudication probation, you cannot be charged with this offense with respect to either of the above scenarios.