Recent Chase Leads To Discovery Of Alleged Marijuana Operation
A law enforcement chase in the Denton area recently concluded with officers discovering 4.3 pounds of marijuana in an individual’s possession as well as more than $3,200 in cash and several firearms including some weapons that might have been stolen. According to an arrest warrant, the chase in question arose because the man involved is claimed to have hit and choked his girlfriend. The individual refused to respond to law enforcement and even closed his door on an officer’s hand. When law enforcement attempted to make an arrest, the man broke free and fled the scene. A Denton law enforcement officer eventually arrested him a mile away from the location. The man is now believed to have run a large scale marijuana distribution operation. He was taken to Denton County Jail and charged with several offenses including evading arrest, assault of a family or house member, unlawful possession of a firearm by a felon, theft of a firearm, possession of a controlled substance, and possession of marijuana with a bail set at $38,500.
Individuals at Risk of Being Charged with Unlawful Firearm Possession
There are several types of individuals who must be cautious of being charged with unlawful possession of a firearm including:
- Convicted Felons. The Texas Penal Code states that individuals who have been convicted of a felony are prohibited from carrying a firearm for a period of five years after a conviction. After the five year period has elapsed, convicted felons are only permitted to possess firearms in their own homes.
- Individuals Who Have Been Charged With Domestic Violence. The Texas Penal Code also states that individuals who have previously been convicted of Class A misdemeanors involving family members or individuals who ride in the same household may not possess firearms within five years of the date of the individual’s release from confinement or release from community supervision after being convicted of such an offense.
- Subjects of Protective or Restraining Orders. Individuals who are currently under restrictive orders created from either criminal or family law proceedings are prohibited from possessing firearms provided that the restraining order is still in place.
Creating Strong Defense to Unlawful Firearm Charges
There are some ways in which individuals are often able to defend against such charges. Opposing legal counsel is required to demonstrate that an individual either intentionally or voluntarily possessed the firearm. This possession can be demonstrated through the use of either direct or circumstantial evidence. Some of the most common types of defenses that individuals are able to raise include arguing that opposing counsel has not presented sufficient evidence to demonstrate that the individual knew or intentionally had the firearm in their possession or to show that the individual reasonably believed this or her act had not violated the law. Some individuals are also able to raise successful defenses by arguing that their firearm possession arose from necessity because they believed that they were in immediate danger of being seriously hurt or killed.
Contact a Top Denton Criminal Defense Attorney
Individuals who are charged with the unlawful possession of a firearm will be charged with felonies if they are classified as felons or Class A misdemeanors. While these charges can created many complications, fortunately Wheeler Law Office is focused on helping individuals by creating the best possible criminal defense strategy. By contacting our firm, you can retain the services of seasoned legal counsel that has helped many other individuals in similar situations.
(image courtesy of Diana Feil)