Texas Penal Code 46.041 – Unlawful Possession of Metal or Body Armor by Felon
WHAT IS UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
The Texas law against unlawful possession of metal or body armor by felon prohibits a convicted felon from owning or possessing any body covering designed, made, or adapted to protect against gunfire.
WHAT IS THE UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON LAW IN TEXAS?
Tex. Penal Code § 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.
WHAT IS THE PENALTY CLASS FOR UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
Unlawful possession of metal or body armor by felon is a third degree felony, punishable by two to ten years in prison.
Texas Penal Code Section 46.11 increases the punishment to the next highest category if the person committed a weapons offense within 300 feet of a school, or on premises where a school function or an event sponsored by the University Scholastic League is taking place. Unlawful possession of metal or body armor punishable as a second degree felony carries between two to 20 years in prison, and a maximum $10,000 fine.
WHAT IS THE PUNISHMENT RANGE FOR UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
The punishment range for unlawful possession of metal or body armor by a felon is between two and ten years in prison, and a maximum $10,000 fine. If enhanced to a second degree felony, the punishment range is between two to 20 years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
A convicted felon charged with unlawful possession of metal or body armor may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.
WHAT ARE THE DEFENSES TO UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
The statute does not authorize specific defenses to unlawful possession of metal or body armor by a felon. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
- Is the Texas defense of necessity available in unlawful possession of metal or body armor prosecutions? Yes. Texas Penal Code Section 9.22 applies when a person reasonably believed his conduct was immediately necessary to avoid imminent harm, and the desirability and urgency of avoiding the harm clearly outweighed the harm sought to be prevented by the law proscribing the conduct.In Miller v. State, the defendant was a convicted felon who evaded police in a vehicle, and was ultimately caught wearing body armor, and carrying a gun. He argued at trial possessing a gun and body armor were necessary because he was working as an informant, and thought the police were working for the cartel and were trying to kill him on behalf of the cartel.
The jury found him guilty of unlawful possession of a firearm and body armor, and the appellate court affirmed. The defendant’s mistaken belief did not negate his intent to evade in a vehicle, and the jury rationally rejected his necessity defense.
WHAT IS THE STATUTE OF LIMITATIONS FOR UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS?
The limitation period for unlawful possession of metal or body armor by a felon is three years.
UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON IN TEXAS
Convicted felons are prohibited from owning or possessing metal or body armor in Texas, which includes any body covering manifestly designed, made, or adapted to protect the person against gunfire.
TEXAS UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON COURT CASES
The case law regarding unlawful possession of metal or body armor by a felon in Texas explains the statute’s application.
- In Matew v. State, the defendant was on felony probation for impersonating a public servant. He was stopped while on probation, and police found a gun under the driver’s seat, and a bulletproof vest in the trunk. He was convicted of unlawful possession of body armor by a felon, but was later granted judicial clemency for impersonating a public servant.The defendant argued his unlawful possession convictions should be dismissed, but the appellate court disagreed. Because the defendant was a convicted felon at the time he possessed the body armor and firearm, the conviction cannot later be overturned if the underlying felony is dismissed.
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DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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