Have law enforcement in Addison, TX arrested you for a weapons crime? Many people may not realize when they’ve potentially committed a weapons-related crime, making it important to seek experienced legal counsel and advocacy to address criminal charges. Call a gun crimes attorney in Addison from Rosenthal Kalabus & Therrian today for an initial case review.

Our weapons offenses lawyer can discuss your legal options for resolving your charges favorably. Contact us via our online form to get a free consultation to help you understand your rights and start building a strong defense.

Why Choose a Gun Crimes Lawyer from Rosenthal Kalabus & Therrian?

Violations of firearms charges can have significant consequences, including incarceration, fines, and the stigma of a criminal record. Your choice of legal representation for your case can affect the outcome. Choose a felony firearm charge lawyer from Rosenthal Kalabus & Therrian because:

• Our experienced Addison criminal defense attorneys have a proven track record and offer legal representation that combines professionalism and a personal touch to meet your needs and goals. You will work directly with our legal team, who take a collaborative approach to ensure they fully understand your situation.
• Our firm will fight as hard as necessary to achieve the best possible outcome for your charges; you can rest assured we will leave no stone unturned in your case. Our legal team has a proven record of success in firearm and weapons cases.
• You can contact us 24/7. Someone from our firm can help you schedule an appointment, get legal advice, and receive updates regarding your case. We are committed to building a strong defense for every client.

If you are facing criminal charges, seek legal representation as soon as possible to protect your rights and secure the best possible outcome.

Types of Charges a Firearm Charge Lawyer in Addison Can Help With

In Texas, weapons crimes fall under Chapter 46 of the Texas Penal Code. At Rosenthal Kalabus & Therrian, our experienced Addison gun crimes attorneys can help you resolve charges for weapons offenses, be it federal or state gun laws.

We handle a broad spectrum of criminal cases, including drug crimes, drug charges, property crimes, white collar crimes, domestic violence cases, traffic violations, reckless driving, probation violations, and other offenses. Our firm serves clients in Addison, Texas, as well as in surrounding counties.

Unlawful Carrying of Weapons

A person commits a crime if they intentionally, knowingly, or recklessly carry a handgun on their person when they are under 21 or have a conviction for certain violent offenses within the past five years, and they are not on their premises or inside of/directly en route to their motor vehicle or watercraft. Carrying a concealed weapon without proper authorization or a permit can also result in criminal charges.

Alternatively, a person may violate the law by intentionally, knowingly, or recklessly carrying a handgun on their person while in their motor vehicle or watercraft if they have the handgun in plain view (unless 21 or older and licensed to carry a handgun and have it in a holster), or if they engage in criminal activity or the law prohibits them from possessing a firearm. Unlawful use of a weapon, such as using it in a threatening or reckless manner, can elevate the severity of the charge and lead to more serious legal consequences.

A person may commit an offense if they intentionally, knowingly, or recklessly carry a location-restricted knife on their person when they are under 18 and not on their premises or inside of/directly en route to their motor vehicle or watercraft. An offense can also occur by carrying an unholstered handgun in plain view of another person. Finally, a person may unlawfully carry a firearm if they do so while intoxicated and not on their premises, inside of/directly en route to their motor vehicle or watercraft, or on or in another person’s property or vehicle while carrying a firearm with the property/vehicle owner’s consent.

Carrying a Weapon in a Prohibited Place

Texas law prohibits individuals from intentionally, knowingly, or recklessly possessing a firearm, location-restricted knife, club, or prohibited weapon on the premises or in the vehicle of a school or post-secondary educational institution (unless previously obtaining written authorization from the school or carrying a licensed concealed handgun), on the premises of a polling place on election day or during early voting, on government or court premises (except with written authorization), at a racetrack, into a secured area of an airport, on a premises hosting a sporting event, in a correctional facility, in a hospital, or in an amusement park.

Additionally, aggravated discharge of a firearm in a prohibited place, such as near a school or public event, can result in enhanced penalties and more serious criminal charges.

Unlawful Carrying of a Handgun by a License Holder

A firearms license holder may commit an offense if they carry a handgun on or about their person and intentionally display it in plain view of another person in public (except when carried in a holster).

If a license holder is found in violation of this law, they may be formally charged with a criminal offense, which officially initiates the legal process.

Unlawful Possession of a Firearm

A person convicted of a felony or a Class A misdemeanor domestic violence offense commits a crime if they possess a firearm before the fifth anniversary of their release from incarceration or supervision or, after such time, at any location other than the person’s premises. Under Texas law, a firearm is considered a deadly weapon, which can increase the severity of the charges and penalties associated with unlawful possession. A member of a criminal street gang may also unlawfully possess a firearm by carrying a handgun on their person in a motor vehicle or watercraft.

Possession of Prohibited Weapons

Texas law prohibits the intentional or knowing possession, manufacture, transport, repair, or sale of certain prohibited weapons (unless registered with ATF or classified as a relic by the U.S. Department of Justice), including explosive weapons, machine guns, short-barreled firearms, armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, or improvised explosive devices.

Possession of prohibited weapons in conjunction with controlled substances can lead to more severe criminal charges and increased penalties.

Unlawful Transfer of Weapons

A person may not transfer a handgun to another individual knowing that individual intends to use it in an unlawful act, give a firearm, club, or location-restricted knife to a minor, sell firearms or ammunition to an intoxicated person, or knowingly sell a firearm to a restricted felon or a person subject to a protection order. In some cases, allegations of unlawful transfer of weapons may be presented to a grand jury, which will determine if there is sufficient evidence for an indictment. Furthermore, the law prohibits making materially false statements on forms required by state or federal law to purchase, sell, or transfer firearms.

Defenses to Gun Crimes

A person charged with a weapons offense in Addison may have various legal or factual defenses to their charges based on the facts and evidence in their case. Protecting the defendant’s rights throughout the legal process is crucial to ensuring a fair trial and due process. Examples of defense strategies used to fight firearms and weapons charges include:

Lack of possession

A defendant facing weapons charges may argue that the prosecution’s evidence fails to prove they had actual (physical) or constructive (control) possession of the weapon.

Lawful/licensed possession

Defendants may argue they possessed a weapon lawfully, including carrying a weapon in a manner permitted by law, holding necessary licenses, or possessing weapons lawfully as part of one’s employment or official duties.

Lack of intent

When a weapons offense requires an offender to have acted with a specific level of criminal intent (e.g., intentionally, knowingly, recklessly, etc.), a defendant may contend that the prosecution failed to prove they acted with the required intent, such as when a defendant acted under a mistake of fact.

Mistaken identity/alibi

Defendants may argue that eyewitnesses or the police mistakenly identified them as the perpetrator of a weapons crime or present alibi evidence to prove that they were elsewhere when the alleged crime occurred.

Challenging forensic evidence

When a case involves forensic evidence, such as fingerprints, a defendant may contest the reliability of the prosecution’s forensic testing to undermine the strength of the state’s evidence.

Challenging the admission of unlawfully obtained evidence

A defendant may seek to exclude evidence from the prosecution’s case by arguing that police obtained the evidence through an illegal search or an interrogation that violated the defendant’s constitutional rights.

Challenging probable cause

Defendants can challenge whether law enforcement had probable cause to conduct a search, seizure, or arrest, which may result in the suppression of evidence or dismissal of charges if probable cause was lacking.

Analyzing and challenging the prosecution’s case and prosecution’s evidence

Defense attorneys carefully review the prosecution’s case and prosecution’s evidence to identify weaknesses, inconsistencies, or legal deficiencies that can be used to undermine the state’s arguments.

Establishing reasonable doubt

The defense aims to establish reasonable doubt in the minds of the jury, as the prosecution must prove guilt beyond a reasonable doubt to secure a conviction.

These strategies are designed to safeguard the defendant’s rights and ensure that any violations of constitutional rights, such as illegal search and seizure, are properly addressed in court.

Consequences of a Conviction for a Weapons Offense

A conviction for a weapons offense in Addison may result in various penalties for an individual. Convicted defendants can face harsh penalties and severe penalties, including jail time, heavy fines, and hefty fines. Potential sentences for conviction will depend on the grading of a weapons offense, ranging from a Class C misdemeanor to a second-degree felony. Potential sentences include:

• Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
• Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
• State jail felony: 180 days to two years in state jail and a potential fine of up to $10,000
• Class A misdemeanor: A fine of up to $4,000, up to one year in jail, or both jail and a fine
• Class B misdemeanor: A fine of up to $2,000, up to 180 days in jail, or both jail and a fine
• Class C misdemeanor: A fine of up to $500

Specific weapons offenses may impose different sentencing provisions, including mandatory minimum sentences for convictions.

Convictions for weapons crimes may have other long-term consequences. A conviction can have life altering consequences, such as a permanent criminal record and the loss of driving privileges. Most importantly, a conviction will result in a criminal record that can cause the loss of certain rights and impose a personal or professional stigma. Criminal records may appear in background checks for housing, employment, or professional licenses, making it more challenging to pursue such opportunities.

Steps to Take After an Arrest on Firearm Charges

When the police arrest you for a weapons offense, steps you can take to protect your rights and defend yourself against your charges include:

• Exercise your right to remain silent by advising the officers that you will not answer questions or provide a statement about your charges.
• Exercise your right to legal counsel by asking to speak to an experienced criminal defense attorney as soon as possible.
• Gather evidence that may help with your defense, such as information for witnesses with favorable testimony, copies of firearm licenses, or other proof of your lawful possession of a weapon.
• Contact Rosenthal Kalabus & Therrian to discuss your charges and how our Addison gun crimes lawyer can help you build a compelling defense case.

How Can a Criminal Defense Attorney for Gun Crimes Help You?

An gun crimes lawyer in Addison from Rosenthal Kalabus & Therrian can help you stand up for your rights and interests in the criminal justice system as you face prosecution for a firearms offense by:

• Thoroughly investigating your charges to secure evidence for your defense
• Helping you understand your case and the evidence to ensure you can make informed decisions about how to proceed
• Evaluating potential defenses and legal strategies based on the facts
• Challenging the prosecution’s case at every opportunity to seek an efficient resolution for you
• Fighting as hard as necessary to secure the best possible result, including representing you in criminal trials and preparing for a jury trial when necessary

Contact Our Firm Today to Learn More About Your Options

After getting arrested for a weapons offense in Addison, protect your rights, freedom, and future by seeking experienced legal advice and advocacy from a gun crime lawyer in Addison from Rosenthal Kalabus & Therrian. Call our law firm today at (972) 369-0577 or complete our online form for a confidential consultation with a knowledgeable Addison defense attorney. Discuss how our team of lawyers can help you pursue a favorable resolution to your charges.