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, PC, a team of great Houston criminal defense lawyers, 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 refers to firearms. However, weapons can extend to explosive material, chemical material, and blunt-force objects, among others. Call our office at (713) 664-6651 for a free case consultation and get the justice you deserve.
Why Choose Walter J. Pink & Associates, PC?
Weapon charges carry serious consequences, and you need a legal team that’s both skilled and aggressive in defending your rights. Walter J. Pink & Associates, PC is ready to stand by your side.
Our Houston weapon charge lawyers offer:
- Extensive Experience —With over five decades of legal practice across three generations, our firm has a proven track record in defending clients against complex weapon charges.
- Respected Reputation —We’ve earned a strong reputation for securing favorable outcomes, supported by numerous positive client testimonials and successful case results.
- Determined Advocacy —Our legal team is relentless in protecting your rights, ensuring that the criminal justice system upholds your legal protections, both in and out of the courtroom.
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
Weapons charges can take multiple forms. However, since weapons are considered dangerous, most weapons charges will be tried as felony crimes. Your criminal defense lawyer may be able to get your charges reduced down to a less serious offense or a misdemeanor by working out a plea agreement with the prosecutor or getting certain types of unlawfully-obtained evidence dismissed.
The type of weapons charges you are accused of committing will determine the extent of your penalties. Here are some of the most common types of weapons charges our clients have dealt with throughout the years:
Using a Gun to Commit a Violent Crime
Using a gun to commit a violent crime is considered a first-degree felony. This is true whether the gun was discharged or simply brandished in the commission of a crime. Some of the most common violent crimes committed with firearms include:
- Assault
- Robbery
- Sexual assault
Unlawful Carrying Weapons
The rules governing Unlawful Carrying Weapons can be found in the
Texas Penal Code (TPC )§ 46.02:
- A person commits an offense if the person:
- Intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and
- Is not:
- On the person’s own premises or premises under the person’s control; or
- 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 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. Visit our criminal law FAQ for more information today.
Felon in Possession of a Weapon
With regard to a felon possessing a weapon the Texas Penal Code (TPC) § 46.04 states in part:
- A person who has been convicted of a felony commits an offense if he possesses a firearm:
- 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
- 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.
Unlawful Discharge of a Firearm
Per Texas Penal Code Section 22.05, unlawful discharge of a firearm is generally considered a third-degree felony. The statute prohibits the reckless discharge of a gun in cities with populations of 100,000 or more. Under the statute, discharging a gun towards an occupied or unoccupied vehicle or building, in the direction of one or more people, or pointing a firearm at a vehicle, residence, or person could be tried as a third-degree felony. If convicted, you could pay fines as high as $10,000 and face as much as 10 years in a Texas state prison.
Unlawful Transfer of a Firearm
As described under Texas Penal Code Section 46.06, you can be charged with unlawful transfer of a firearm if you loan, give, sell, or rent a handgun to anyone who is intoxicated, under the age of 18, or intends to use the firearm for any unlawful reason. These charges may also apply if the individual receiving a gun is prohibited from having firearms or was previously convicted of a felony level offense within the last 10 years.
This could be considered a wobbler offense, which means it can be tried as a misdemeanor or state jail felony. If you are convicted of a class A misdemeanor for unlawful transfer of a firearm, you could be ordered to pay fines as high as $4,000 or spend as much as one year in county jail. However, if you are convicted of a state jail felony, you could spend up to two years in a Texas state jail facility and pay fines not to exceed $10,000.
Potential Consequences of a Weapons Charge Conviction
The penalties for weapons charges in Houston can be severe:
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
- Class B Misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
- Class C Misdemeanor: No jail time but fines can reach up to $500.
- State jail felony: As much as 10 years in prison and a fine of up to $10,000.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony: 5 to 99 years in prison, or life in prison, and a fine of up to $10,000
It is also important to consider the impact of collateral consequences. These types of penalties will ensure you continue to pay for your crime long after you have completed your sentence. These effectively describe the various ways your life will be affected post-conviction. Some of the most common types of collateral consequences include trouble finding a job, loss of child custody or visitation rights, loss of firearm rights, and the risk of deportation for foreign nationals.
The Role Of A Houston Weapons Possession Defense Attorney
Facing weapons charges in Houston necessitates the mastery of a seasoned defense attorney:
- Case Evaluation: An experienced attorney can assess the specifics of your case, identifying potential defense strategies.
- 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.
- 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.
- Court Representation: In the courtroom, a defense attorney advocates on behalf of the accused, presenting a counter-narrative to the prosecution’s claims.
The Impact of Weapons Charges
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.
Get Help From a Top-Rated Weapon Charge Lawyer in Houston Today
At Walter J. Pink & Associates, PC, 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 or fill out our online contact form 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.