Weapon Charge

Texas Weapons Possession Attorneys in Houston:

The State of Texas is a state that has some of the least restrictions on gun freedoms. However, with this right comes a set of responsibilities and legal regulations that every Texan must follow. Violations related to weapon possession can lead to severe consequences. When you are accused of violating a weapons charge, this can lead to your right to bear arms being restricted so let Walter J. Pink & Associates, a team of great Weapons Charge lawyers in Houston, defend and honor your right to bear arms.

The great State of Texas has instilled the Second Amendment into every Texan and often weapons charges are in addition to another underlying charge. The most common weapons charges are Felon in possession of a weapon and unlawful carrying of a firearm. The word “Weapon” is a broad category that most automatically infers refers to firearms however weapons can extend to explosive material, chemical material, and blunt force objects, among others.

Understanding Weapons Possession Laws in Houston

In Texas, you can have a gun in your home or personal vehicle without any License to Carry or special license, however, you cannot have a handgun in the plain view of your car. It is a common misconception that once you are charged with a felony you can never have a gun however, under Texas law, if you wait 5 years after you have been released from jail or the end of your probation you may own a gun BUT ONLY at your house. Furthermore, you cannot carry a gun at churches, hospitals, amusement parks, government offices, or businesses where the primary sale is alcohol. A comprehensive list of places prohibited can be found in the Texas Penal Code (TPC) § 46.03

Types of Weapons Charges

Unlawful Carrying Weapons

The rules governing Unlawful Carrying Weapons can be found in the Texas Penal Code (TPC )§ 46.02:

1. A person commits an offense if the person:
1. Intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and
2. Is not:
1. On the person’s own premises or premises under the person’s control; or
2. Inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

A person can be charged with unlawful carrying in many different circumstances, if a person carries their gun without a holster, if a person, if a person is in possession of a firearm while engaging in a misdemeanor, carrying a handgun while intoxicated, and in many other situations.

The punishment for Unlawful Carrying of a Weapon is a class A Misdemeanor which can result in up to a year in jail and up to a $4,000 fine. 

Felon in Possession of a Weapon

With regard to a felon possessing a weapon the Texas Penal Code (TPC) § 46.04 states in part:

1. A person who has been convicted of a felony commits an offense if he possess a firearm:
   1. After conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
   2. After the period described by subdivision (1) at any location other than the premises at which the person lives.

The penalty for this charge is a second-degree felony with an enhanced minimum of 5 years in the Texas Department of Criminal Justice (TDCJ) and a maximum of 20 years in TDCJ and up to a $10,000 fine. Remember that, a felon can still have a firearm in their own home ONLY AFTER 5 years at the conclusion of their sentence.

Possession of Prohibited Weapons

A list of prohibited weapons can be found in the Texas Penal Code (TPC) § 46.05. A violation of possessing one of these weapons is generally a third-degree felony which can result in up to 10 years in the Texas Department of Criminal Justice (TDCJ) and a maximum fine of up to $10,000. 

Potential Consequences of a Weapons Charge Conviction

The penalties for weapons charges in Houston can be severe:

1. Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
2. Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000.
3. Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000.

The Role of a Houston Weapons Possession Defense Attorney

Facing weapons charges in Houston necessitates the mastery of a seasoned defense attorney:

1. Case Evaluation: An experienced attorney can assess the specifics of your case, identifying potential defense strategies.
2. Evidence Analysis: Scrutinizing every piece of evidence, from the circumstances of the arrest to the nature of the weapon, is crucial in building a robust defense.
3. Legal Defense Strategy: Crafting a compelling defense strategy can significantly influence the case outcome. This could involve arguing lawful possession, lack of knowledge, or even challenging the legality of a search and seizure.
4. Court Representation: In the courtroom, a defense attorney advocates on behalf of the accused, presenting a counter-narrative to the prosecution's claims.

In Conclusion

Weapons possession charges in Houston carry significant legal implications. Understanding the nature of the offense, potential penalties and the importance of brilliant legal representation is paramount. With the guidance of a dedicated Houston weapons possession defense attorney, individuals can navigate the complexities of the legal system, ensuring that their rights are protected and that they receive a fair and just trial.

If you or a loved one are accused of any of the crimes listed on this page, or any crime at all, your life can be irrevocably changed, your liberties stripped, and your pursuit of happiness hindered. For these reasons, you and your family can not just trust anyone with such a serious life-altering matter. At Walter J. Pink & Associates, we have received dismissals for our clients in Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, and fight for your case anywhere else in this great state of Texas.

Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands! Call us immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, 713-664-6651.