Texas Felon Gun Possession is third degree felony that has a penalty range of two to ten years in prison and a fine up to $10,000.  A person who has been convicted of a felony can’t possess a gun. If a person has more than one separate felony conviction the penalty range may be enhanced.

Key aspects of the Texas Felon Gun Possession:

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1. Prior Felony Conviction: The individual must have a previous felony conviction on their record.

2. Stolen Cards: Using a card known to be stolen.

3. Expired, Revoked, or Canceled Cards: Using a card that is expired, revoked, or canceled with the intent to defraud.

4. Counterfeit Cards: Creating, using, or attempting to use a counterfeit card.

5. Purchasing Goods or Services: Using a card to obtain goods or services with the knowledge that the card is not valid.

Penalties

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Credit card abuse is generally classified as a state jail felony. The penalties for a state jail felony in Texas include:

• Imprisonment: Ranging from 180 days to 2 years in a state jail.

• Fines: Up to $10,000.

If the offense is committed against an elderly individual (someone 65 years of age or older), the charge can be enhanced to a third-degree felony, with harsher penalties, including 2 to 10 years in prison and fines up to $10,000.

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Potential Defenses

Several defenses may be available to individuals charged with credit card abuse. These defenses aim to challenge the prosecution’s evidence or provide justification for the defendant’s actions:

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Lack of Intent to Defraud

Explanation: The prosecution must prove that the defendant had the specific intent to defraud the cardholder or the financial institution.
Application: If the defense can demonstrate that there was no intent to defraud—perhaps due to a misunderstanding or mistake—the prosecution may not be able to win a conviction.

Consent from Cardholder

Explanation: If the defendant had permission from the cardholder to use the card, this can negate the charge of unauthorized use.
Application: Evidence such as written or verbal consent from the cardholder can be pivotal in proving that the defendant had authorization to use the card. Evidence that shows a reasonable person in the defendant’s shoes could also be a valid defense.

Mistaken Identity

Explanation: Mistaken identity can occur in cases where someone else used the card and the defendant was wrongfully accused.
Application: Establishing an alibi or presenting evidence that the defendant was not the person who used the card can be critical in disproving the charges.

Duress or Coercion

Explanation: If the defendant was forced or coerced into using the card under threat of harm, this can be a defense against the charges.
Application: Demonstrating that the defendant acted under duress or coercion can mitigate responsibility and lead to reduced charges or dismissal.

Insufficient Evidence

Explanation: The prosecution must provide substantial evidence to prove the defendant’s guilt beyond a reasonable doubt.
Application: Challenging the credibility, accuracy, and completeness of the prosecution’s evidence can result in a favorable outcome for the defendant.

Conclusion

Possession of a firearm by a felon in Texas carries severe penalties and can have lasting consequences for individuals convicted of this offense. However, defendants facing such charges have legal defenses available to challenge the allegations against them and protect their rights. A person charged with possession of a firearm by a felon should hire an experienced criminal defense attorney.