It’s no secret that Texas has some of the most lax gun laws in the country. However, just because Texans tend to embrace the Second Amendment does not mean that there are no laws or restrictions in place. As such, if you find yourself facing weapons charges in the Lone Star State, understanding your legal options is critical. The following blog explores some of the most common charges and the potential defenses you may be able to use with the assistance of a Houston weapons crimes defense attorney.
What Are Common Weapons Charges in Texas?
Despite the fact that most adults can legally and openly carry a firearm in Texas without a license, there are some regulations in place that can lead to charges. Generally, one of the most common is the unlawful carrying of a weapon. Though there are very few limitations on where open carry extends, you are prohibited from carrying in schools, polling places, or while intoxicated. As such, if you are found with your weapon in any of these locations, you can face charges.
Additionally, if you are a convicted felon and you are found with a firearm, you’ll find that you can face criminal charges. This is because it is against the law for those convicted of felony offenses to carry a weapon in Texas.
Finally, if you are found in possession of prohibited weapons like silenced guns, sawed-off shotguns, or machine guns, you can face a possession of a prohibited weapon charge.
It’s also important to understand that while these charges may be handled at the state level, there are several federal firearms offenses you may face based on your circumstances. For example, if you traffic weapons over state lines or purchase a weapon despite knowing that it was used in connection with a drug or violent crime, you can be charged federally.
What Defenses Might I Be Able to Utilize?
The penalties for weapons charges can be serious, which is why crafting a defense is critical. While the defense you utilize will depend on the exact circumstances of your case, understanding some of the most common strategies is critical.
One of the most common defenses is a lack of intent. To be convicted of a crime, the prosecution must show that you intended to violate the law. However, if you can show that the violation was unintentional and accidental, you may be able to avoid a conviction.
Another potential defense is that the evidence collected against you was obtained illegally. If the police did not have probable cause to search your property, it may constitute a violation of your Fourth Amendment protection against unreasonable searches and seizures. Because the evidence was collected illegally, your attorney may be able to fight to have it prohibited from trial. This can severely impact the prosecution’s case against you.
Facing weapons charges in Texas is not something that should be taken lightly. As such, connecting with an experienced criminal defense attorney is in your best interest if you have been arrested. At the Gonzalez Law Group, our dedicated team understands how complicated these charges can be, which is why we will explore all potential defenses to help you fight for a favorable outcome. Connect with our team today to learn more.
