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What Happens to My Firearms Rights if I Am Charged with Domestic Violence

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What Are the Potential Consequences for a Domestic Violence Conviction in Texas?

Domestic violence, sometimes referred to as family violence, is a serious criminal charge. The penalties for a domestic violence conviction in Texas can be very harsh. Some of the consequences of domestic violence convictions can be long-lasting, potentially including ramifications that deny you your ability to possess or own a firearm.

Our law firm has years of experience representing clients in several different criminal defense cases, including the complicated nature of domestic violence accusations. If you have been accused of domestic violence in Texas, it is vital that you retain professional legal representation to defend your legal rights. If you do not retain professional legal counsel, you run the risk of being found guilty in a court of law and having your rights stripped from you.

Potential penalties for a domestic violence conviction will vary depending on several factors, including the specific criminal charges in the county where the offense took place, any prior criminal history, and witness testimonies.

Common punishments for domestic violence crimes in Texas include the following:

  •         Attendance of required classes
  •         Child custody issues
  •         Costly fines
  •         Counseling
  •         Damage to reputation
  •         Jail time or a lengthy prison sentence
  •         Loss of professional licenses

·         The loss of certain rights, including the right to own a firearm

Can a Domestic Violence Charge Affect Your Gun Rights in New Braunfels, Texas?

The right to possess a firearm is considered a constitutional right protected by the Second Amendment. Despite this legal right, there are certain circumstances in which the United States government could prohibit citizens from possessing firearms. If you are convicted of domestic violence offenses in Texas, your right to possess a firearm could be affected.

Before we go any further, however, it is important to remember that you are considered innocent until proven guilty in a court of law. That is why it is so important to retain legal representation from experienced criminal defense lawyers to represent your interests.

According to federal law, if you are convicted of a felony offense, you will be prohibited from legally possessing a gun for the rest of your life. This extends to felony convictions for domestic violence or family violence in Texas.

Do Misdemeanor Family Violence or Domestic Violence Convictions Prohibit Gun Ownership?

Yes. Federal law also requires that those convicted of misdemeanor domestic violence crimes will be barred from ever legally owning a firearm again. Misdemeanor domestic violence offenses are the only misdemeanor-level crimes that come with the potential loss of gun rights.

What is Texas’ Five-Year Firearm Ban?

The state of Texas has a five-year firearm ban for those convicted of felony offenses. An individual who has been convicted of a felony will not be allowed to possess a firearm again until the fifth anniversary of their release from jail or prison. Those who have been convicted of Class A misdemeanor assault are also subject to the five-year firearm ban.

To learn more about the five-year firearm ban, please contact our law office to schedule your free initial consultation today.

What Does Texas Law Say Regarding Firearm Rights and Protective Orders?

Texas has laws relating to firearm rights and protective orders (also known as restraining orders). If a court issues final or temporary orders of protection against an individual to protect family members, romantic partners, roommates, household members, or victims of sexual assault or stalking, the individual will be compelled to forfeit their firearm rights. Individuals who possess a firearm after receiving a notice of a restraining order could be charged with committing the offense of unlawful possession of a firearm.

In many criminal cases, the courts may also suspend concealed carry licenses to those subjected to restraining orders.

Is it Possible to Restore Your Gun Rights Following a Domestic Violence Conviction in TX?

It may be possible to restore your firearm rights after a domestic violence felony conviction. However, this will be a difficult challenge. The only way to restore your legal firearm rights is to overturn the criminal conviction.

Reversing a criminal conviction can be a lengthy, costly legal matter that is not easily tackled on your own. We advise working with an experienced criminal defense lawyer to represent your case.

The sooner you file an appeal after the criminal conviction, the higher the likelihood that you have of the conviction being overturned. Don’t delay, contact us today.

Do You Need the Legal Representation of a Criminal Defense Attorney?

When facing domestic violence charges, it is important to understand the potential legal consequences and far-reaching ramifications of a criminal conviction. Because so much is at stake, it is recommended that you do not attempt to represent yourself or hire just any attorney to defend your case. You want someone fully capable and competent who is willing to fight tenaciously on your behalf.

Many criminal attorneys fear going to trial. Our law firm makes its reputation as a fierce and aggressive defense team in a courtroom and trial setting. We’re not afraid to take your case to trial to pursue the optimal outcome for your interests.

Whatever the circumstances of your arrest and criminal charges, we would proudly represent your legal rights in pursuit of a satisfactory conclusion to your criminal case. To learn more about how we may be of legal assistance to you during this difficult time, please contact our law offices to schedule your free case evaluation today.

Schedule a Free Consultation with Experienced Criminal Defense Attorneys Today

If you’ve been charged with domestic violence or family violence in Texas, you need to understand that you could potentially lose your Second Amendment rights if you are convicted in a court of law. If your gun rights are important to you, it is vital that you retain professional legal representation from experienced criminal defense attorneys. Our law firm prides itself on providing aggressive legal guidance and representation to clients needing our services.

To learn more about how we may assist you, please contact our law firm to schedule your free consultation today.

You can contact us at 830-282-8751.

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