How to Handle Weapons Charges in Texas Law

Understanding Texas Weapons Laws: A Guide for the Accused

Navigating the intricacies of Texas criminal law can be daunting, especially when facing weapons charges. Texas has specific laws governing the possession, carrying, and use of firearms and other weapons. Understanding these laws is the first step in protecting your rights. This article will provide a comprehensive overview of Texas weapons laws and offer practical advice on how to respond if you are accused of a weapons-related crime.

Types of Weapons Charges in Texas

Texas law categorizes weapons offenses based on the type of weapon involved, the location where it was possessed, and the intent of the possessor. Here's a breakdown of some common charges:

• 🔒 Unlawful Carrying of a Weapon (UCW): This involves carrying certain prohibited weapons (such as a handgun) on or about your person, in a vehicle, or in certain prohibited places. Texas has open carry laws, but restrictions apply to where and how you can carry a firearm. License to Carry (LTC) holders have certain privileges, but they are not exempt from all restrictions.
• 🔒 Possession of Prohibited Weapons: Texas law prohibits the possession of certain weapons, including explosive weapons, machine guns, short-barrel firearms (rifles and shotguns), armor-piercing ammunition, and knuckles.
• 🔒 Unlawful Possession of a Firearm by a Felon: Individuals convicted of a felony are generally prohibited from possessing a firearm until five years have elapsed since their release from confinement or parole/probation, whichever is later.
• 🔒 Deadly Conduct: This involves recklessly discharging a firearm in a manner that places another person in imminent danger of serious bodily injury.
• 🔒 Making a Firearm Accessible to a Child: It is a crime to leave a readily dischargeable firearm unattended in a place where a child is likely to gain access to it.
• 🔒 Terroristic Threat: Making a threat to commit an act of violence involving a firearm can result in a terroristic threat charge, especially if the threat places a member of the public or a substantial group of the public in fear of serious bodily injury.

The Importance of a License to Carry (LTC) in Texas

While Texas allows for the open carry of handguns, obtaining a License to Carry (LTC) offers several advantages:

• 👨‍♂️ Expanded Carrying Rights: An LTC allows you to carry a concealed handgun in more places than without a license.
• 👨‍♂️ Legal Presumption: Having an LTC can provide a legal presumption that you are carrying the weapon for self-defense.
• 👨‍♂️ Reciprocity: Texas LTCs are recognized in many other states, allowing you to legally carry in those jurisdictions.

However, even with an LTC, it's crucial to be aware of restricted locations where carrying a firearm is prohibited, such as schools, polling places, courtrooms, and certain government buildings.

Defenses Against Weapons Charges in Texas

If you are facing weapons charges in Texas, several potential defenses may be available, depending on the specific facts of your case. A skilled criminal defense attorney can assess the evidence and develop the most appropriate defense strategy. Some common defenses include:

• 💬 Lack of Knowledge: Arguing that you were unaware that you possessed the weapon or that it was illegal to possess it in that particular location.
• 💬 Self-Defense: Claiming that you possessed or used the weapon in self-defense or in defense of another person. Texas law provides broad protections for the use of force in self-defense situations.
• 💬 Illegal Search and Seizure: Challenging the legality of the search that led to the discovery of the weapon. If the police violated your Fourth Amendment rights, the evidence may be suppressed.
• 💬 Mistake of Fact: Arguing that you made a reasonable mistake of fact that led you to believe your actions were legal. For example, you may have reasonably believed you were on your own property when possessing a firearm.
• 💬 Necessity: Asserting that you possessed the weapon out of necessity to prevent a greater harm.

Penalties for Weapons Offenses in Texas

The penalties for weapons offenses in Texas can range from misdemeanors to felonies, depending on the severity of the crime and your prior criminal history. Misdemeanor charges typically carry fines and potential jail time, while felony charges can result in lengthy prison sentences and significant fines. A felony conviction can also have long-lasting consequences, including the loss of voting rights, the inability to possess firearms, and difficulty finding employment.

Here's a general overview of potential penalties:

• 📄 Unlawful Carrying of a Weapon (UCW): Typically a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, it can be enhanced to a third-degree felony (2-10 years in prison and a $10,000 fine) if the offense occurs on the premises of a school or at certain other prohibited locations.
• 📄 Possession of Prohibited Weapons: Generally a third-degree felony.
• 📄 Unlawful Possession of a Firearm by a Felon: A third-degree felony.
• 📄 Deadly Conduct: Can range from a Class A misdemeanor to a third-degree felony, depending on the circumstances.
• 📄 Making a Firearm Accessible to a Child: Typically a Class C misdemeanor, but can be enhanced to a Class A misdemeanor if the child accesses the firearm and causes serious bodily injury or death.
• 📄 Terroristic Threat: Can range from a Class B misdemeanor to a third-degree felony, depending on the severity of the threat and the intent of the perpetrator.

What to Do If You Are Arrested for a Weapons Offense

If you are arrested for a weapons offense in Texas, it's crucial to remain calm and exercise your rights. Here are some important steps to take:

• 👮‍♂️ Remain Silent: Invoke your right to remain silent and do not answer any questions without an attorney present. Anything you say can be used against you in court.
• 👮‍♂️ Request an Attorney: Immediately request to speak with an attorney. Do not consent to any searches or provide any statements until you have consulted with legal counsel.
• 👮‍♂️ Remember Details: Try to remember as many details as possible about the arrest, including the names of the officers involved, the location of the arrest, and any statements that were made.
• 👮‍♂️ Contact a Criminal Defense Attorney: The most important step is to contact a qualified Texas criminal defense attorney as soon as possible. An attorney can advise you of your rights, investigate the charges against you, and develop a strong defense strategy.

The Role of a Criminal Defense Attorney

A criminal defense attorney plays a crucial role in protecting your rights and ensuring a fair outcome in your case. Here's how an attorney can help:

• 👤 Case Evaluation: An attorney will thoroughly review the facts of your case, including the police report, witness statements, and any other evidence.
• 👤 Legal Advice: An attorney will explain the charges against you, the potential penalties, and your legal options.
• 👤 Investigation: An attorney will conduct an independent investigation to gather evidence and identify potential witnesses.
• 👤 Negotiation: An attorney will negotiate with the prosecutor to seek a favorable plea bargain, such as reduced charges or a lighter sentence.
• 👤 Trial Representation: If a plea bargain cannot be reached, an attorney will represent you at trial and fight to protect your rights.

Strategies for Building a Strong Defense

Building a strong defense against weapons charges requires a strategic approach. Here are some key strategies that a criminal defense attorney may employ:

• ✅ Challenging the Legality of the Search: If the police violated your Fourth Amendment rights during the search that led to the discovery of the weapon, your attorney can file a motion to suppress the evidence. If the motion is granted, the evidence will be excluded from trial.
• ✅ Examining the Chain of Custody: Your attorney will scrutinize the chain of custody of the weapon to ensure that it was properly handled and stored. If there are any gaps in the chain of custody, the evidence may be deemed inadmissible.
• ✅ Presenting Expert Testimony: In some cases, expert testimony may be necessary to challenge the prosecution's evidence or to support your defense. For example, a firearms expert may be able to testify about the operability of the weapon or the trajectory of a bullet.
• ✅ Highlighting Mitigating Factors: Your attorney will present evidence of any mitigating factors that may lessen your culpability, such as your lack of prior criminal history, your good character, or the circumstances surrounding the offense.

Possible Compensations and Civil Remedies

In some cases, individuals who have been wrongly accused or subjected to excessive force by law enforcement may be entitled to compensation. This can be achieved through civil lawsuits.

• ❄ False Arrest/Imprisonment: If you were arrested without probable cause, you may have a claim for false arrest or imprisonment.
• ❄ Excessive Force: If law enforcement used excessive force during your arrest, you may have a claim for damages.
• ❄ Violation of Civil Rights: If your civil rights were violated during the course of the investigation or arrest, you may have a claim under federal law.

The Importance of Early Intervention

The earlier you involve a criminal defense attorney in your case, the better. Early intervention allows your attorney to begin investigating the charges against you immediately, gather evidence, and develop a defense strategy. It also allows your attorney to negotiate with the prosecutor before charges are formally filed, potentially avoiding a criminal conviction altogether.

Stay Informed and Proactive

Understanding your rights and responsibilities under Texas weapons laws is crucial for protecting yourself from potential criminal charges. Staying informed about the law, seeking legal advice when necessary, and exercising your rights when confronted by law enforcement are all essential steps in safeguarding your freedom.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.