Firearms Crimes

Federal and state firearm offenses are aggressively prosecuted in Houston, and can expose you to severe penalties, including lengthy prison sentences, substantial fines, and the loss of important rights. Whether you are facing allegations involving unlawful possession, firearms trafficking, licensing violations, or the use of a firearm in connection with another offense, our legal team is prepared to thoroughly examine the government’s case and build a defense strategy tailored to your circumstances. When your freedom and future are at stake, experienced representation matters. 

John T. Floyd leads a team of experienced criminal defense lawyers in Houston who care about fighting against false accusations, providing their clients a personalized and professional representation for firearm criminal cases.

When your case is in the hands of John T. Floyd Law Firm, every aspect of your case is carefully scrutinized to protect your rights and pursue the strongest possible defense.

Expect a Personalized Approach

While there are no affirmative defenses to unlawful firearm possession by a felon, there are defenses under Texas law that John T. Floyd Law Firm can invoke to defend you.

• Mistake of Fact. The Texas Penal Code permits a “mistake of fact” defense, which requires a showing by the defendant that through a mistake, he/she formed a reasonable belief about a matter of fact which negated the requisite culpability to commit a crime. However, this is only viable if the defendant can present enough evidence negating knowledge of or actual possession of a firearm.

• Necessity. Conduct may be justified when: 

• The defendant reasonably believes that the conduct is immediately necessary to avoid imminent harm, and
• According to the ordinary standards of reasonableness, the desirability and urgency of avoiding the harm outweigh the harm sought to be prevented by the law proscribing the conduct.

• Mistake of Law. For a defendant to establish this defense, he must have reasonably believed his conduct did not constitute a crime, and relied upon an administrative order or written interpretation of the law in an opinion of record.

• Extraneous Offenses or Bad Acts. When defending firearm charges in Texas, attorneys often challenge the defendant’s intent or knowledge; for example, arguing they were unaware they were carrying an illegal weapon. However, this strategy carries a significant risk: under Rule 404(b) of the Texas Rules of Evidence, the prosecution can respond by introducing the defendant’s prior bad acts or offenses, even ones that never led to a conviction. This can include past incidents involving illegal weapons, threatening behavior, or previous gun law violations. Because this tactic can seriously damage a defendant’s case before a jury, it is critical to have an experienced legal team like John T. Floyd’s, who knows how to weigh these risks carefully before choosing the right defense strategy.

Texas’ Cleansing Period

Texas has a  “cleansing” period that allows a felon to own a firearm after a specified period of time following a criminal conviction. However, that Section of the Texas Code does not trump federal law, § 922.

Our team understands that embezzlement and fraud cases are not limited to the big corporations—a payroll miscalculation can carry significant legal consequences for any business, no matter the size. Because the cases are built on accounting records, internal audits, emails and assumptions, a defense is ready

John T. Floyd’s criminal defense team represents individuals facing embezzlement and fraud allegations in Harris County, Texas and across the state of Texas and federal courts. Our team knows how to handle these complex cases with thorough attention to detail and are equipped with deep knowledge of financial crime investigations.

What Our Clients Have To Say

Based on Real and Verified Reviews

If you or a loved one are being investigated or have been indicted for Felon in Possession of a Firearm, Unlicensed Manufacturing or Dealing, or carrying a weapon in furtherance of a drug trafficking conspiracy, the window to protect your freedom is closing. Federal firearm convictions carry severe, non-parolable mandatory minimum sentences that stack consecutively with other offenses.

Do not talk to federal agents without an expert by your side. Contact John T. Floyd Law Firm to mount a relentless, sophisticated defense against the power of the federal government. Firearm-related allegations often involve complex legal issues and overlapping state and federal laws. With more than 50 years of combined criminal defense experience, the team at John T. Floyd Law Firm have successfully represented individuals facing serious criminal accusations in Harris County, Texas and federal courts nationwide. We conduct comprehensive case evaluations, challenge unlawful searches and seizures, scrutinize the government’s evidence, and pursue every available avenue to secure the best possible outcome for our clients.

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