Gun/Weapons Offense
Houston Guns & Weapons Defense Lawyer
We Build Strong Weapons Defenses for Clients in Fort Bend and Harris Counties
Guns are more prevalent in Texas than anywhere else in the U.S., and it’s inevitable that some of those guns will be involved in crimes and alleged crimes. Guns and weapons defenses often have to be waged on narrow grounds, but skilled attorneys who understand Texas law and all its nuances, can work with the accused towards the goal of acquittal or reduced charges.
It’s important to note that the state of Texas defines “weapon” more broadly than simply a firearm. Crimes committed with a knife also fall into this category and any knife blade that exceeds 5 ½ inches is illegal. Weapons charges can also involve a “club”, which is understood to be an object designed to inflict injury or death. A common example might be a blackjack or nightstick.
Texas is more lenient than most states when it comes to allowing the carrying of weapons. As recently as September 2021 the need for a license to carry in most public cases was eliminated. It may still be necessary to have a license when carrying a gun near a school and private business owners may also choose to require a license in their establishments. But carrying a gun will be legal for people without a prior criminal record or a restraining order in place against them.
The flip side of that is when someone is charged with a weapons crime, a prosecutor–potentially dealing with a lighter caseload than they would have in states where guns face greater restrictions–might choose to come down harder than they otherwise might. That, in turn, requires a guns and weapons defense lawyer to bring an intense legal defense.
A Houston guns and weapons lawyer from this office will be a fierce and knowledgeable advocate of your interests. Call us today at (713) 597-6562 or contact us online.
Common Weapons Charges in Texas
A person can face weapons charges for anything from selling or possessing a weapon illegally to reckless discharge to assault while using the weapon. Depending on the circumstances involved, weapons crimes may be either a felony or a misdemeanor.
Unlawful Carry
Texas penalizes illegal possession of a firearm as a Class A misdemeanor. Don’t be fooled by the “misdemeanor”. This can still result in up to a year in jail and a fine of $4,000. Those with prior felony convictions within the past five years, or who have restraining orders are typically not allowed to carry a gun. Another way a person can be charged with illegal possession is to be intoxicated while the weapon is on them. Just as with drunk driving, a blood-alcohol level of .08 or higher can result in charges of unlawful possession.
Reckless Discharge
The term “reckless” can be interpreted differently by different people, but the general guideline is doing something that a reasonable person would not do. In this case, that would be firing a gun in a place the average person would find completely inappropriate. Reckless discharge can apply automatically in cases where a gun is fired over a road, street, highway, or in a house or neighborhood. That covers an awful lot of territory.
More subjective cases might come about if people are at a barn party, and someone shoots the gun. If a group of sober people went out and did target practice in a safe area, that would probably not be reckless. But the same group of people–even if sober, pull-out guns and start firing them in the air? Now we may well be looking at reckless behavior with a gun.
Unlawful Sale
A gun owner cannot sell a weapon to a minor, to a person with a felony conviction or to someone who has a restraining order filed against them. It doesn’t matter if your 16-year-old niece is good with a gun and feels she needs it for protection. A private seller cannot be the one to sell the gun, at least without written authorization from the parent(s).
Nor does it matter if the private seller is completely convinced that the person with a felony conviction or the restraining order is acting in good faith. The gun cannot be sold. This action leaves the seller–along with the buyer–subject to potential felony charges.
Assault with a Weapon
Assault is a crime that stands on its own and using a weapon can make the charges worse. Please note that assault is often confused with battery. The latter is the actual act of striking someone. Assault, on the other hand, can refer more broadly to the threat or attempt of violence.
A person that speaks menacing words to someone can be guilty of assault if a jury finds that a reasonable person would have taken the words as a physical threat. Speaking those words while wielding a gun now upgrades the charge to assault with a weapon. Assault is also an area where the use of a knife, blackjack or other type of club might be used as easily as a gun.
Your legal defense must be narrowly focused and committed to digging out every detail that might exonerate you. A Houston guns and weapons lawyer from our office will do that. Call us at (713) 597-6562 or contact us online today.
-
“The Carter Law Firm provided my family security, assurance, and the confidence that we had the best representation in Texas” - Kimberly G.
-
“Integrity, Ethical, Experienced, this firm is amazing!!” - Tammie B.
-
“He has tenacity with a degree of tenderness but never loses sight of the end goal, which is to PROTECT, DEFEND and have the best outcome for his client.” - Kisha M.
Defenses Against Gun & Weapons Charges
We noted at the top that defenses to gun and weapons charges require strong legal focus. Texas law is clear–you can fire a gun while hunting, at a gun range or in self-defense. Actions outside these boundaries constitute illegal behavior. Unlawful sale charges can be fought on the grounds that the seller was unaware that the buyer was not eligible to make the purchase and that a reasonable person would not have known the sale to be illegal.
A good defense lawyer can make narrow defense grounds wider than they might seem. Witnesses can be summoned to testify to self-defense. Those charged with unlawful sale can bring forth evidence of their good character and respect for the law. Cases like these are about building a complete portrait of the defendant’s actions that a jury can understand. That requires an attorney committed to knowing the details and then fighting hard for their client’s freedom and reputation.
That’s what Carter Law does. We’ve been defending people for 15 years and have racked up over 1,000 victories in courts of law. That kind of track record comes through hard work, deep legal knowledge, and vigorous advocacy for our clients’ rights.
Call us today at (713) 597-6562 or contact us online to set up a free consultation.