This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Facing a gun charge in Austin can be a serious matter. Texas has strict gun laws, and being accused of unlawfully carrying a weapon can lead to heavy penalties. LaVine Law Firm helps people in Austin who face weapons charges by offering strong criminal defense strategies.
Our experienced criminal defense lawyers are committed to ensuring that your rights are protected throughout the legal process. We will review the details of your case and help you understand the best course of action to fight the charges.
Whether you're dealing with possession of an illegal firearm or assault with a deadly weapon, LaVine Law Firm is here to provide the legal guidance and support you need. Don't face Texas weapons laws alone. Our team of Austin criminal attorneys is ready to help.
Gun charges in Austin can range from simple violations to serious felonies. Texas law treats firearm violations very seriously, and the penalties can vary depending on the specifics of the charge.
A gun charge refers to any offense related to the illegal possession, use, or carrying of a firearm. It could involve possessing a firearm without a proper license, using a firearm in the commission of a crime, or carrying a firearm in a prohibited location. In Texas, these charges are taken seriously, and they can range from minor offenses to felonies, depending on the circumstances.
For example, if someone carries a firearm without a proper permit or if they use it to threaten or harm someone, they could face severe legal consequences. Whether you're facing a misdemeanor or felony gun charge, it’s important to understand the specifics of the charge and how the law applies to your case.
Texas gun laws allow citizens to own and carry firearms under certain conditions, but these laws are strict about how and where guns can be carried. The Texas Penal Code, Chapter 46, outlines rules for open carry, concealed carry, and restrictions on carrying guns in places such as schools, government buildings, and private properties that prohibit firearms.
Key sections of the Texas Penal Code, Chapter 46 include:
A License to Carry (LTC) is required for the legal carrying of a concealed weapon or openly carrying a firearm in most public spaces. Texas also has laws regarding the possession of illegal firearms, such as unregistered guns or weapons that don’t comply with legal requirements, including machine guns and short-barreled firearms.
Understanding these laws is crucial because any violations can lead to serious criminal charges with long-term consequences.
In Texas, gun charges can range from misdemeanors to felonies. It’s important to understand the different types of charges and how they are handled under Texas weapons laws.
Illegal possession of a firearm occurs when a person has a weapon without the proper legal right to do so. In Texas, certain individuals are prohibited from owning firearms, such as felons or people convicted of domestic violence offenses. It’s also illegal to possess firearms that are not registered or do not comply with state laws.
If you are found in possession of an illegal firearm, whether it’s a machine gun or a short-barreled firearm, you can face severe penalties, including significant fines and prison time. In cases where a person is found with a weapon they aren't legally allowed to own, this charge can be classified as a felony, which has more serious legal consequences.
Under Texas law, carrying a firearm without an LTC is illegal in most cases. This applies to both open carry and concealed carry. If you're caught carrying a firearm without a valid license, you could face serious legal consequences, including fines, imprisonment, or both.
The law requires individuals to meet specific requirements to carry a weapon legally, including passing a background check and completing necessary paperwork. Carrying a firearm without a license, especially in a prohibited area, can be considered a misdemeanor or felony, depending on the situation.
Aggravated assault with a firearm is a serious crime that involves using a weapon to intentionally threaten or harm another person. In Texas, this offense is taken very seriously, and it often results in felony charges. If you are accused of assault with a deadly weapon (like a firearm), prosecutors will work to prove that the use of force was intentional and that the weapon was used to cause harm or threaten harm to someone else.
Aggravated assault can result in severe penalties, including long prison sentences, fines, and a permanent criminal record.
Unlawful discharge of a firearm occurs when someone fires a weapon in an illegal or unsafe manner. This can include firing a gun in a public area, near people, or in an area where discharging a firearm is prohibited. In Texas, unlawfully discharging a firearm can lead to criminal charges, especially if the discharge endangers others or damages property.
The penalties for this crime can include fines, imprisonment, and a criminal record. If the discharge of the firearm caused harm or damage, the penalties may be even more severe.
The penalties for gun charges in Texas depend on the severity of the offense. Misdemeanors are less serious than felonies, but both can result in serious consequences. A conviction can lead to prison time, fines, and a criminal record.
Here are the differences between misdemeanors and felonies and the penalties you might face:
If you're facing gun charges in Austin, there are several defenses that may help reduce or dismiss the charges. A skilled criminal defense lawyer will explore these defenses to protect your rights.
Some of the common defenses used to challenge gun charges in Texas are:
In some cases, the prosecution may not be able to prove that you had the intent to commit a crime with the firearm. If you didn’t mean to use the weapon for a criminal purpose, your lawyer can argue that you did not have the required criminal intent. Without intent, the charges may be weakened or dropped.
The Second Amendment of the U.S. Constitution protects your right to bear arms. If you are legally allowed to own a firearm and are not violating any rules, you may be able to argue that you were exercising your Second Amendment rights. However, this only applies if you were not in a restricted area or carrying the weapon unlawfully.
If the police did not have a search warrant or probable cause to search you or your property, the evidence they found may be inadmissible in court. Illegal search and seizure can be a strong defense against gun charges, as any evidence obtained in violation of your rights may not be allowed in court.
Sometimes, people are wrongly accused of crimes they didn’t commit. If you can prove that you were not the person involved, mistaken identity or false accusations can be used as a defense. Your attorney can challenge the evidence and witness testimony to show that you were not the one who committed the crime.
If you are facing gun charges in Austin, having a seasoned criminal defense attorney by your side is crucial. Here’s how LaVine Law Firm can help protect your rights and fight for the best possible outcome in your case:
Carrying a firearm without the proper license can lead to weapons charges. If convicted, it can result in a third-degree felony, fines, and prison time. You must have a License to Carry (LTC) to legally carry a firearm in most public spaces.
No, a felon in possession of a firearm is breaking the law. Texas law prohibits convicted felons from owning or possessing firearms. If caught with a firearm, it can lead to unlawful possession of a firearm charges and serious penalties.
Yes, explosive weapons are illegal to own or possess under Texas law. These weapons, including explosives and other dangerous devices, can lead to criminal charges and long prison sentences if found in your possession.
A prohibited weapon includes items like fully automatic firearms, firearm silencers, and short-barreled shotguns that do not meet legal requirements. Possession of these weapons without the proper permits can lead to serious charges and penalties in Texas.
If you are charged with a gun-related offense like unlawful carrying of a weapon or possession of a prohibited weapon, contact a competent criminal defense attorney immediately. They will help you understand your gun rights, evaluate your case, and build a defense strategy to protect your freedom.
If you are facing gun charges in Austin, LaVine Law Firm is here to help. Our team of experienced criminal defense attorneys understands Texas gun laws and will work hard to protect your rights. Whether you are charged with unlawful possession of a firearm, assault with a deadly weapon, or any other weapons charge, we are committed to providing the best legal defense possible.
We offer a free consultation to discuss your case, assess the evidence, and help you understand your legal options. Our goal is to achieve the best possible outcome, whether it’s reducing the charges, negotiating a plea deal, or fighting for your innocence in court.
LaVine Law Firm has the knowledge, experience, and dedication to guide you through the legal process with confidence. Contact us today to schedule your free consultation and get the expert legal representation you need.
Free confidential consultations
Aggressive representation
Affordable payment plans
Highly rated
Track record of results
