Have you been arrested for a weapons-related offense in Dallas, Texas? Contact Texas Defense Firm to schedule an initial consultation at (469) 772-9509. Our Dallas weapon charges attorneys are here to help you fight back and work toward as favorable a resolution as possible.
Our criminal defense law firm has more than 200 years of combined experience defending clients against serious charges in state and federal court. We know Texas firearm and weapon laws inside and out, and our attorneys have a proven track record of building strong defenses that protect our clients’ futures.
Call today or contact us online to get started with your defense.
Why Hire Texas Defense Firm if I’ve Been Arrested on Weapon Charges in Dallas, TX?
When facing a weapon charge, you’re up against prosecutors who will work hard to secure a conviction. They may already believe you’re guilty and will build their case accordingly. You need a defense team that can match that determination and skill in the courtroom.
At Texas Defense Firm, we are known for:
- Extensive trial experience in complex criminal cases, including those involving firearms and other weapons
- In-depth understanding of Texas weapon laws, including concealed carry rules, prohibited weapon statutes, and sentence enhancement provisions
- Hands-on case preparation, from the moment you hire us until your matter is resolved
- Aggressive protection of your constitutional rights at every stage of the process
- Proven results in cases where clients faced serious prison time and collateral consequences
We’re also led by an attorney who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, an honor only given to 1% of lawyers in the state. Learn more about our legal services and how we can help by contacting us today to set up a consultation.
Overview of Texas Weapon Laws
Texas is known for its strong protection of gun rights, but it also has strict rules about how and when weapons can be possessed or used. Chapter 46 of the Texas Penal Code defines a wide range of firearm and weapon offenses.
You can face charges for things like unlawful possession or using a weapon in the commission of another crime. Certain weapons are prohibited entirely, and some individuals are banned from possessing firearms under state or federal law.
Overall, some of the most common charges include:
- Unlawful carrying of a weapon (UCW) without a license or in a prohibited place
- Possession of a firearm by a felon
- Possession of a prohibited weapon, such as a machine gun, short-barreled firearm, or certain types of knives
- Unlawful discharge of a firearm within city limits or in a manner that endangers others
- Using a weapon during the commission of another offense, which can lead to sentencing enhancements
A misdemeanor weapon charges conviction can still have lasting consequences, and many of these offenses are felonies carrying the possibility of years in prison.
What Are the Potential Penalties for a Weapon Charges Conviction in Dallas?
The penalties for a weapon offense in Texas vary based on factors like the exact charge(s) you’re facing, your criminal history (if applicable), and the circumstances surrounding the alleged crime.
For example:
- Unlawful carrying of a weapon is generally a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
- Possession of a prohibited weapon is often a third-degree felony, which can mean 2–10 years in prison and up to $10,000 in fines.
- Possession of a firearm by a felon is a third-degree felony with similar penalties.
- Unlawful discharge of a firearm is usually a Class A misdemeanor, but it can be a felony under certain conditions.
As alluded to above, if a weapon was used in the commission of another crime (such as robbery or an assault), Texas law allows for significant sentence enhancements. That means you could be facing decades in prison, even if the underlying offense would normally carry a much lighter penalty.
Collateral Consequences
The impact of a weapon conviction goes far beyond jail time and fines.
You could also face:
- Loss of the right to possess or carry firearms in the future
- Difficulty finding a job or securing housing
- Loss of professional licenses
- Immigration consequences for non-citizens
- Damage to personal and professional relationships
These consequences can last long after you’ve completed your sentence, making it critical to defend against the charges aggressively from the start.
What Is the Criminal Case Process in Texas?
If you’re charged with a weapon offense in Texas, your case will move through a series of stages. Understanding each step can help you prepare for what’s ahead and make informed decisions with your attorney.
- Arrest: The process begins when law enforcement believes there’s probable cause to charge you. After an arrest, you’ll be booked, which includes recording your personal information and taking fingerprints.
- Initial appearances: You’ll be brought before a judge, who will inform you of the charges. In many cases, the court will set bail. This is your opportunity to seek release from custody while your case moves forward.
- Arraignment: At this hearing, you’ll enter a plea of guilty, not guilty, or no contest. Your attorney will already be strategizing based on the evidence and legal options available.
- Discovery and pre-trial motions: Both sides exchange evidence during discovery. Your lawyer may file motions to suppress unlawfully obtained evidence or to dismiss charges if there are legal grounds.
- Negotiations and plea bargaining: Many cases resolve before trial through a negotiated plea deal. Your lawyer will discuss any offers with you and explain the pros and cons of accepting versus going to trial.
- Trial: If no agreement is reached, your case will go before a judge or jury. The prosecution must prove guilt beyond a reasonable doubt. Your attorney will challenge the evidence and present your defense.
- Sentencing: If convicted, the court will impose penalties according to Texas law. Your lawyer may argue for reduced sentencing or alternative programs when possible.
- Appeals: If errors occurred during your trial, you may have the right to appeal. This process can seek to overturn the conviction or obtain a new trial.
Throughout each stage, a skilled criminal defense lawyer can protect your rights, anticipate the prosecution’s tactics, and work to secure the best possible outcome.
Common Defenses to Weapon Charges in Dallas, TX
A strong defense can mean the difference between a conviction and a dismissal.
The right strategy will depend on the facts of your case, but some of the most effective defenses in weapon cases include:
- Illegal search or seizure: If law enforcement obtained the weapon through an unlawful search, the evidence may be excluded.
- Lack of possession: Prosecutors must prove you knowingly possessed the weapon. If it wasn’t under your control or you didn’t know it was there, you may have a defense.
- Mistaken identity: In some cases, the weapon may have been attributed to the wrong person.
- Constitutional violations: If your rights were violated during the investigation or arrest, that could undermine the prosecution’s case.
- Exceptions under Texas law: Certain defenses are built into the statute, such as carrying a weapon while traveling or having a valid permit.
If you hire us, we will investigate every aspect of your arrest, from the initial police encounter to how the evidence was handled. Any flaw in the prosecution’s case can become an opportunity to fight back. It’s critical to remember that you’re innocent until proven guilty in these circumstances.
Understanding Texas Self-Defense and Stand Your Ground Laws
Texas has some of the strongest self-defense protections in the country, but they don’t apply automatically in every situation. Under Texas law, you may be justified in using force (including deadly force) if you reasonably believe it’s necessary to protect yourself or others from an immediate threat of serious harm.
The “Stand Your Ground” provision means you generally don’t have to retreat before defending yourself, as long as you’re in a place you have the legal right to be. However, you must still show that your use of force was proportionate to the threat and that you weren’t engaged in illegal activity at the time.
In weapon charges cases, self-defense can be a powerful tool if the facts support it. Our attorneys know how to present these arguments effectively to prosecutors and juries.
Contact Our Dallas Weapon Charges Attorneys for Legal Help
If you’re facing a weapon charge in Dallas, Texas, you can’t afford to take chances with your future. Texas prosecutors are relentless, and a conviction can affect nearly every part of your life.
At Texas Defense Firm, we will put our decades of combined experience to work for you from the start. Our team will investigate the facts of your case and build a defense strategy tailored to your situation.
Contact our Dallas weapon charges lawyers today to get started with an initial consultation.
