Charged with Felon in Possession of a Weapon in Harris County, Texas? What You Need to Know!

In short, when a person is charged with Felon in Possession of a Weapon in Harris County, Texas, it typically means that the person is a convicted felony, and the person has been found to allegedly be in possession of a firearm. Needless to say, being charged with Felon in Possession of a Weapon is a serious matter, and if you’re facing this charge in Harris County, it’s important that you have the right Harris County Defense Lawyer representing you in court. It’s critical that you understand your rights and the legal landscape throughout your case.

What is the Law in Harris County, Texas?

Under Texas Penal Code § 46.04, it’s illegal for a person who has been convicted of a felony to possess a firearm:

• Before the fifth anniversary of their release from prison, parole, or probation—whichever is latest.
• After five years, they may legally possess a firearm, but only at their residence.

It’s important to note that this law applies to any felony conviction, regardless of when that felony conviction occurred. For example, if you were convicted over twenty (20) years ago but are found to be in possession of a firearm outside your home, you could still face prosecution.

Additionally, federal law often imposes stricter limitations, which may complicate things further—even if Texas law technically allows possession.

What If I’ve Been Charged With Felon in Possession of a Weapon in Harris County, Texas?

Generally, when a person is charged with unlawful possession of a firearm by a felon in Harris County, Texas they are charged with a Third-Degree Felony. However, in certain cases the state can charge this offense as Second-Degree Felony. The Third-Degree Felony charge carries serious consequences:

• 2 to 10 years in prison; and
• Up to $10,000 in fines.

In Harris County, where prosecutors and law enforcement take gun crimes seriously, a conviction can significantly impact your future, including but not limited to employment, housing, and custody matters.

What Are Some Common Situations Involving This Offense?

Typically, our clients meet with us to discuss the facts in their case. What we have seen is that our clients have been charged with this offense after allegedly being found in possession of a firearm that was found during a routine traffic stop. Other clients who have been charged with this offense have informed us that the firearm was allegedly discovered during a home visit by probation or parole officers.

Clients have also stated that when they are involved in a domestic disturbance call the responding officer allegedly discovers a firearm in our client’s possession. Additionally, clients have also been found to be in possession of a firearm because they believed they could lawfully possess one. This is due to the client’s unfortunate misunderstanding of the law and “five-year” provision in the statute.

Regardless of the facts, it’s clear that these cases often involve complex legal issues. For instance, was the firearm found pursuant to a legal search? Who did the gun belong to? Where was the gun or firearm found? Was the person who allegedly possessed the gun ever aware of the gun’s presence?

Our Team’s Approach to Your Case

Always remember: Just because you have been charged does not mean you will be convicted. When defending your case, we evaluate all the evidence because we may be able to argue:

1. The Officer performed an illegal search and seizure
2. You lacked the knowledge or intent to possess the firearm
3. Your alleged possession of the gun was legal under certain circumstances

While evaluating these possible defenses, it’s important to remember that every case is different. In Harris County, outcomes can vary depending on the prosecutor, judge, and the details of your case.

If you are facing a Felon in Possession of a Weapon charge in Harris County, time is of the essence. The earlier you involve Surginer Stewart PLLC, the better your chances are of reducing the charge—or possibly getting them dismissed altogether.

We’ve defended countless clients in the Harris County courts, and we understand the system. We’ll fight to protect your rights, explore every defense option, and work toward the best possible outcome.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Contact a licensed attorney to discuss the specifics of your situation.