Preserve Your Rights with an Experienced Firearms Possession Defense Attorney in Dallas, TX
Our Dallas TX gun lawyers have the skills, experience, and resources to wage a solid defense in your favor if you are facing firearms charges in the Dallas area.
Dallas, TX Gun Possession Lawyers for Firearms Offenses
Although Texas has some of the most liberal gun regulations in the country, if you deliberately or inadvertently did something that violated them, you need the help of skilled Texas gun lawyers familiar with the local laws. Texans value their constitutional rights and the right to bear arms found in the second amendment is one about which they are adamant.
As a constitutional carry state, most adults in Texas aren’t required to pass a background check, get a license, or complete firearm training to have a gun. Daring citizens can wear their guns in a belt holster due to their open carry rights. They also can legally carry concealed handguns.
Therefore, individuals charged with violating these lenient Texas gun laws experience serious consequences. In addition to fines, prison time, probation, and a lifelong criminal record, they could also lose their firearm possession rights.
A criminal defense lawyer from Spangler Law can defend you from prosecution and help you maintain your freedom as a Texas gun owner.
Gun Crime Attorney and Second Amendment Rights
Even if you strictly adhere to the firearms laws in Texas, accidents sometimes happen to require the assistance of a gun crime attorney. For example, regardless of your intentions, you may be interpreted as brandishing your gun in a manner perceived as menacing. Perhaps you accidentally discharged your firearm.
This might have occurred in the process of self-defense or protecting another. It still could result in weapons charges requiring the legal advice of a reputable criminal law office.
Hiring an experienced criminal defense attorney may be necessary to avoid charges of unlawful possession of illegal weapons. Otherwise, ordinarily law-abiding gun owners could face firearms charges with severe penalties. If an incident includes an accident or injury, you should immediately seek a firearms lawyer from a skilled law firm to help you through the legal process.
Choosing the Best Gun Possession Lawyers in Dallas, Texas
The best gun lawyers in Texas are familiar with the local Texas laws regulating firearms and successful defense strategies to provide the greatest chance for a favorable outcome to your case. They may be able to get your charges dismissed or reduced to minimize their impact on your life.
Misdemeanor Weapons Offenses
Although it is legal to openly carry a concealed gun under Texas law, it is illegal to carry a concealed handgun without a valid concealed handgun license. This weapons offense is a Class A misdemeanor that can result in a punishment of up to one year in jail and up to a $4,000 fine. Unlicensed sales of firearms, as well as possession of a stolen firearm, are also Class A misdemeanors.
On the other hand, making a terroristic threat is a Class B misdemeanor. If convicted, a maximum penalty can include up to 180 days in jail and up to a $2,000 fine.
Felony Weapons Charges
Felony gun crimes can include brandishing a weapon, unlawful gun possession, as well as when individuals carry a gun without a license if they have prior misdemeanor or felony convictions. Penalties for felony gun offenses typically include fines and a prison sentence.
Individuals discharging a firearm within a city with a population of 100,000 or more can be charged with a third-degree felony according to Texas Penal Code Section 22.05. This includes knowingly:
- Discharging toward one or more people
- Discharging in the direction of a vehicle or building
- Pointing a loaded or unloaded firearm toward another person, building, or vehicle
It’s also a third-degree felony for a convicted felon to possess a modern firearm.
Individuals using a firearm to commit a violent crime can be charged with a first-degree felony. These include aggravated assault, domestic violence, robbery, and sexual assault. Firearms violations include:
- Possession of an illegal weapon
- Unlawful carrying
- Unlawful possession
- Unauthorized trafficking
- Unlawful transfer of ownership
- Unlawful discharge of a weapon
If you have been accused or arrested for firearm charges, you should contact an experienced firearms lawyer as soon as possible. Gun crimes in the state of Texas are dealt with harshly. Getting a free consultation where you can develop a strong attorney-client relationship could be the first step in successfully fighting your weapons charge.
Top Rated Gun Attorneys in Dallas, Texas
Top-rated gun attorneys in Harris County, TX, are skilled at defending clients from the more severe charges they might face. For example, federal and state laws prohibit certain individuals from possessing firearms. Additionally, it is a crime to knowingly give, loan, rent, or sell a handgun to someone:
- For an unlawful purpose
- Who received a felony conviction within the last five years
- Who is intoxicated
- With a protective order prohibiting them from possessing guns
- Younger than 18
Furthermore, Texas Penal Code Section 46.05 prohibits the possession of explosives, machine guns, and sawed-off shotguns. These weapons are illegal to possess in Texas. An illegal firearm can also include zip guns, bombs, chemical dispensing devices, fully automatic machine guns, as well as armor-piercing ammunition or bullets.
While it is illegal simply to possess these types of weapons in Texas under firearm laws, discharging them against someone can result in additional gun charges. A person committing gun crimes against any federal or state law should contact a defense lawyer for a confidential consultation.
Why You Should Hire a Gun Possession Attorney Dallas, TX
If you are arrested for crimes involving weapons, there are many reasons why you should hire a gun attorney in Texas. Regardless of the specific circumstances surrounding your case, a criminal defense attorney can help you through the legal processes involved. This begins with the initial court appearance, where you are informed whether you are eligible for bail and for how much. You do this within 48 hours of being arrested.
The prosecuting attorney will file formal charges, and you will attend an arraignment where you hear the charges and enter a plea of “guilty” or “not guilty.” For a felony, the prosecutor will seek an indictment from the grand jury. Before the trial, however, there are usually months of conferences and pre-trial hearings where your lawyer may attempt to negotiate a plea bargain for you.
If you plead “not guilty” and no plea agreement is reached, then your case will go to trial. During a jury trial prosecutor presents evidence to a dozen jurors to persuade them that you did what you are accused of. The jury renders an indictment if the prosecutor is successful beyond a reasonable doubt. If the jury is not convinced, the charges are dismissed.
Although you can hire an attorney to handle your case at any point in the process, having a lawyer with legal specialization in gun rights from the onset of your case is optimal. A person convicted of a weapons charge will face certain restrictions on their rights to own a deadly weapon and may be subject to prison time or community supervision.
Reasons to Hire a Gun Possession Lawyer Dallas
There are several reasons to hire a gun lawyer. They primarily have to do with avoiding or reducing the penalties you will face if you are convicted. The punishment for a gun offense varies based on the level of the felony or misdemeanor and whether you are a first-time offender or have a prior history.
The penalties are as follows:
- Felony First-Degree: Fines up to $10,000 and five to 99 years or life in prison
- Felony Second-Degree: Fines up to $10,000 and two to 20 years in prison
- Felony Third-Degree: Fines up to $10,000 and two to 10 years in prison
- Felony State Jail: Fines up to $10,000 and 180 days to two years in jail
- Misdemeanor Class A: Fines up to $4,000 and up to one year in jail
- Misdemeanor Class B: Fines up to $2,000 and up to 180 days in jail
- Misdemeanor Class C: Fines up to $500
As soon as you are arrested or are under investigation for crimes involving a handgun or other weapon, you should retain the services of a firearms defense team.
Hire the Right Weapons Attorney to Fight Your Charges
When you are charged with an offense involving handguns, you need the assistance of a reliable weapons attorney to help plan your defense. Texas is a “stand your ground” state, meaning that a person has the right to protect themself and their loved ones if they believe that the life of either is in danger. Deadly force is allowed if:
- You are recovering stolen property from someone fleeing
- You aren’t engaging in any criminal activity
- You have the right to be in the place where you are
- You haven’t provoked an assailant
Based on Texas law, you will be charged with the illegal possession of a firearm if you have a prior criminal history. Contact a criminal defense lawyer from Spangler Law for a free consultation.