Facing a felony in possession charge in Houston can feel like your world is collapsing. As a convicted felon, you already know the weight of a felony conviction. Now, the federal government or the state of Texas accuses you of unlawful possession of a gun. This is one of the most serious legal situations any Texas felon can face. At LaVine Law Firm, our experienced criminal defense lawyer provides aggressive legal representation for clients across Harris County and in federal court.
We understand the fear and confusion that come with these gun charges. A Houston felon-in-possession-of-firearm attorney must act quickly because federal prosecution moves quickly. Our law firm handles possession charges from arrest through trial and sentencing. We fight to protect your firearm rights and your freedom. Call us now at 713-489-7734 for a free, confidential consultation.
At LaVine Law Firm, we take a methodical approach to every felon-in-possession case. First, we conduct a thorough case evaluation and develop a strong defense strategy based on the facts. Next, we investigate how the possession charges were filed, whether by state or federal prosecutors. Then we analyze each piece of evidence to determine whether the search was lawful and whether possession was actual or constructive.
Our legal team represents clients at every stage of the criminal justice process. We handle arraignment, pretrial motions, trial, and sentencing in both state courts and federal courts. We also negotiate for reduced charges or favorable plea agreements when appropriate. If you face weapons charges as a Texas felon, do not wait. Call us for a confidential consultation.
Key steps we take:
We are the go-to Houston felon-in-possession-of-a-firearm attorney for individuals convicted of prior felonies. Our deep knowledge of federal and Texas gun laws sets us apart.
Both Texas law and federal law apply to gun crimes involving convicted felons. Under Texas Penal Code §46.04, a third-degree felony occurs when a felon possesses a firearm before the fifth anniversary of release from community supervision or parole. However, federal law under 18 U.S.C. §922(g) imposes its own prohibition regardless of state time limits.
This means convicted felons can face charges in state courts and federal courts for the same felony offense. The Texas Department of Public Safety enforces state gun laws, while the ATF handles federal investigations. Texas felons must understand that permitless carry laws do NOT apply to them. You cannot legally bear arms if you have a prior felony conviction.
Key points:
Under 18 U.S.C. § 922(g)(1), it is unlawful for any person who has been convicted of a felony to ship, transport, possess, or receive any firearm or ammunition. This federal law applies to all convicted felons regardless of how much time has passed since their felony conviction. Federal prosecutors take these cases very seriously.
Possession under federal law includes both actual possession (on your person) and constructive possession (the gun is in a place you control). Federal charges can be stacked with state weapons offenses, leading to severe penalties. Harris County cases often trigger federal prosecution when the ATF becomes involved.
Not every prior offense automatically qualifies as a felony conviction for gun possession purposes. Under Texas law, a felony is any offense punishable by imprisonment in a state prison. However, Class A misdemeanor convictions do NOT count as felonies. Deferred adjudications generally do not count as final felony convictions unless specific conditions apply.
Federal law defines a convicted felon as anyone who has been convicted of a crime punishable by more than one year in prison. Out-of-state or prior federal felony convictions absolutely count. Expunged or sealed records do NOT restore firearm rights under federal law. LaVine Law Firm can review your criminal history to determine your exposure.
Penalties for possession charges in Houston depend on whether you face state or federal prosecution. Under state law, a third-degree felony carries a sentence of 2 to 10 years in prison. Under federal law, a first-time charge carries up to 10 years, and the Armed Career Criminal Act triggers a 15-year mandatory minimum for repeat offenders (including some domestic violence convictions). Key facts:
According to the United States Sentencing Commission, the average federal sentence is about 51 months. Harris County and federal prosecutors pursue these cases vigorously. A possession lawyer must fight every element. The Texas Department of Public Safety permanently tracks gun crimes. Do not risk trying to carry handguns illegally. Call LaVine Law Firm for an aggressive defense.
| Feature | Texas State Law (Penal Code §46.04) | Federal Law (18 U.S.C. §922(g)(1)) |
| Primary Statute | Texas Penal Code §46.04 | 18 U.S.C. §922(g)(1) |
| Who Prosecutes | Harris County District Attorney | U.S. Attorney’s Office, Southern District of Texas |
| Court Location | Harris County Criminal Courts | Federal Courthouse, Houston (South Texas District) |
| Typical Charge Level | Third Degree Felony | Felony (no state equivalent degree) |
| Prison Sentence | 2 to 10 years | Up to 10 years (15 years under ACCA) |
| Parole / Early Release | Eligible for parole after serving half | No parole; must serve at least 85% of the sentence |
| Mandatory Minimums | None generally | Yes – ACCA: 15 years for 3+ prior violent/drug felonies |
| Firearm Rights Restoration | Possible after 5 years post-release (at home only) | No restoration mechanism for most felons |
| Double Jeopardy Protection | Can be prosecuted separately after the state case | Can be prosecuted even after a state acquittal |
| Typical Defenses | Lack of knowledge, unlawful search, momentary possession | Same, plus challenge to prior conviction validity |
Repeat offenders face much stiffer penalties. Under the Texas habitual felony offense statute, if you have two prior felony convictions, a new felony charge carries a mandatory 25-year sentence. The Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum for convicted felons with three or more prior violent or drug felonies.
Harris County prosecutors aggressively pursue enhanced penalties for gun crimes. Your criminal history is the single biggest factor in sentencing exposure. That is why retaining a Houston felon-in-possession-of-a-firearm attorney is urgent. We can challenge prior convictions or negotiate to avoid enhancements.
A felony conviction for unlawful possession of a firearm brings more than just prison time. The long-term consequences include:
Housing and immigration are also major concerns:
Yes, several viable defenses exist against possession charges. The right defense strategy depends entirely on the facts of your case. Self-defense may apply in narrow situations. Challenging the legality of the search is often the most powerful tool. The sooner you seek legal representation, the more defense options we can preserve.
Common defense categories include:
We will evaluate every angle. Do not speak to police without defense counsel present.
Police must have a lawful basis to search you, your car, or your home. The Fourth Amendment requires a warrant, consent, or a recognized exception. If a firearm possession charge stems from an unlawful search, we can file a motion to suppress the evidence.
Suppression of the firearm often leads to dismissal of possession charges. Common illegal searches include pretextual traffic stops, warrantless home entries, and searches beyond the scope of consent. Both Harris County and the federal court apply Fourth Amendment protections. LaVine Law Firm aggressively challenges illegal searches.
Under the "momentary possession" doctrine, a convicted felon may briefly handle a firearm to protect oneself or dispose of it. Self-defense situations arise when a Texas felon grabs a gun in immediate danger from an attacker. Courts look at duration, intent, and the circumstances of the possession.
This is not a guaranteed defense, but it is a recognized legal argument. For example, if someone breaks into your home and you pick up a gun to defend yourself, that may be a valid defense. LaVine Law Firm can evaluate whether this applies to your specific gun charges.
The prosecution must prove you knew the firearm was there. This is especially important in constructive possession cases. Constructive possession means the gun was in a place you controlled, like a shared car or home, but not on your person. If multiple people shared the space, the government must prove you knew the gun existed.
Defenses include: no knowledge of the firearm, someone else owned it, or you did not have exclusive control over the area. Witness statements and probable cause analysis matter greatly. We challenge constructive possession arguments in Harris County cases and the federal court.
Facing a federal court is intimidating. Federal prosecutors from the U.S. Attorney's Office have immense resources, including the FBI and ATF. Federal cases move faster than state cases. The federal government has a conviction rate above 90%. You need an experienced criminal defense lawyer who knows federal court procedures.
The federal court process includes: indictment by a grand jury, arraignment, discovery, pretrial motions, and either a plea or trial. Bail is harder to obtain in federal cases compared to state cases. Federal penalties follow strict sentencing guidelines.
Here is the step-by-step federal court process:
The case is heard in the U.S. District Court for the Southern District of Texas, Houston Division. LaVine Law Firm has experience navigating this system.
Federal prosecution is more serious for several reasons. The conviction rate is significantly higher than in state courts. There is no parole in the federal government system; you must serve at least 85% of your sentence. Federal prosecutors have substantial resources, including forensic labs and investigative agents.
Federal sentencing guidelines leave less room for judicial discretion than state judges do. A Texas felon facing federal charges needs an attorney experienced in federal court, not just state court. Do not assume your public defender can handle the complexity.
Can a convicted felon ever legally possess a firearm in Texas?
Under Texas law, a narrow exception allows possession of a firearm at home 5 years after release. However, federal law still prohibits it, making arrest possible.
What is the difference between state and federal felon in possession charges in Harris County?
State charges are prosecuted in the Harris County District Court, with the possibility of parole. Federal charges go to federal court with no parole and harsher sentences.
Can self-defense justify a felon possessing a firearm in Houston?
The "momentary possession" doctrine may apply if you grabbed a gun to protect yourself from immediate danger. An attorney must evaluate the facts.
What are the federal penalties for gun crimes involving convicted felons in Texas?
Up to 10 years in federal prison, or 15 years under the Armed Career Criminal Act for repeat offenders with three prior felonies.
How do I know if I'm facing state or federal prosecution for possession charges?
If ATF or FBI agents arrested you or are involved, you likely face federal prosecution. A Houston felon in possession of a firearm attorney can assess.
What should I do immediately after being arrested for possession in Houston?
Remain silent. Invoke your right to counsel. Do not answer questions. Contact LaVine Law Firm for an immediate confidential consultation.
If you are a convicted felon facing gun charges in Houston, the stakes could not be higher. You face severe penalties, including years in prison, massive fines, and permanent loss of your firearm rights. Whether your case is in Harris County state court or federal court, you need legal representation that understands both systems.
At LaVine Law Firm, our Houston felon in possession of a firearm attorney team is ready to fight for you. We offer a free confidential consultation to review your case, explain your options, and build a strong defense strategy tailored to your criminal history. There is no obligation, only honest advice.
Call us today at 713-489-7734 to schedule your consultation. Do not wait. Every day that passes could hurt your case. Let us help you protect your future.
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