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Houston Gun Charge Lawyer
by Brian LaVine / Last Updated: September 25, 2024
Houston Gun Charge Lawyer

When you face weapons charges in Houston, LaVine Law Firm provides strong criminal defense. Our Houston gun charge lawyers have years of experience defending clients against serious firearm charges. We are well-versed in both Texas and federal firearm laws. Criminal defense requires skill when dealing with complex weapons offenses in Harris County.

Our Houston Gun Charge Lawyers Defend Your Rights

Our team of criminal defense attorneys understands the seriousness of weapons charges in Harris County. These allegations can destroy your reputation and gun rights permanently. Criminal defense requires expertise in complex Texas and federal law. Our weapons violation defense lawyer professionals work hard to protect clients throughout Houston. We develop strong defense strategies for every weapons case. You need experienced legal representation when facing these serious criminal charges.

better call Brian
For an Initial Consultation! Call us Today!
713-965-7305

What Are Gun Charges in Texas?

What Are Gun Charges in Texas_

Gun charges under Texas law include many different weapons offenses and violations. The Texas Penal Code defines illegal possession, unlawful carrying, and other firearms crimes. Weapons charges can range from Class A misdemeanors to serious felonies. Federal weapons crimes may also apply in some cases. Criminal penalties vary depending on the specific weapons charge and circumstances. Understanding these legal definitions is crucial for building an effective defense strategy. Criminal law in this area is complex and requires specialized knowledge.

Types of Gun Charges in Houston

Houston prosecutors file different types of weapons charges depending on the circumstances. Each charge carries specific penalties and legal consequences. Criminal activity involving deadly weapons is prosecuted aggressively in Harris County. Our Federal Weapons Charges Lawyer team handles all types of firearm cases.

Illegal Possession of a Firearm

This charge involves unlawful possession of a firearm by prohibited persons. People under protective orders cannot legally possess firearms. Illegal possession of a concealed weapon also applies in some situations. Possessing a firearm as a felon constitutes a grave federal crime. Criminal penalties for these charges are severe and can have long-lasting consequences.

Unlawful Carrying of a Firearm

Unlawful carrying weapons charges apply when people carry firearms illegally. Texas became a constitutional carry state with the passage of House Bill 1927. Open carry laws allow licensed individuals to carry their firearms openly. Concealed handgun license holders have specific rights and responsibilities. Unlawful carrying of a weapon still applies in prohibited places. Carry license requirements must be followed exactly.

Discharging a Firearm in Public

Discharging a firearm in a public place is illegal under Texas law. The unlawful discharge of a weapon endangers public safety. These charges often involve reckless or intentional shooting. Texas Penal Code Section 22.05 defines this specific offense. Criminal charges increase if people are injured or property is damaged. Public safety concerns make prosecutors pursue these cases aggressively.

Penalties for Gun Charges in Texas

Penalties for Gun Charges in Texas

Weapons charges carry serious criminal penalties in Texas:

  • Federal weapons offense: Up to 10 years in federal prison
  • Felon in possession: Mandatory minimum sentences often apply
  • Unlawful carrying: Class A misdemeanor to felony charges
  • Weapons trafficking: Severe federal sentences possible
  • Loss of gun rights: Permanent prohibition on firearm possession
  • Criminal record: Background checks will show convictions forever

These penalties highlight the importance of competent criminal defense representation.

Defenses Against Gun Charges in Houston

Criminal defense lawyers use various strategies to defend weapons cases. Each defense depends on specific facts and evidence. Texas Board of Legal Specialization recognizes expertise in criminal law. Reliable representation is crucial for achieving favorable outcomes. Search and seizure violations often provide strong defenses. Constitutional carry laws have changed some legal requirements. Self-defense situations may justify the possession and use of a weapon. Transfer of firearm cases requires specific legal analysis.

Self-Defense with a Firearm

Self-defense is a complete defense to many weapons charges. Texas law permits the use of reasonable force to protect oneself and others. Deadly weapons may be used when facing imminent threats. Stand your ground laws protect people defending themselves. Gun rights include the right to protect life and property. Criminal defense must prove the threat was real and immediate.

Unlawful Search and Seizure

Evidence obtained illegally cannot be used in weapons cases. Police must follow proper procedures during arrests and searches. Fourth Amendment protections apply to all weapons investigations. Unlawful searches can result in the complete dismissal of a case. Constitutional violations require knowledgeable legal representation. The law regarding search and seizure is intricate and continually changing.

Importance of Hiring a Houston Gun Charge Lawyer

Importance of Hiring a Houston Gun Charge Lawyer

Weapons charges require the representation of an experienced criminal defense attorney. Federal weapons crimes involve both state and federal courts. Firearm laws are constantly changing and can be complex. Restoring gun rights may be possible in some cases. Serial number violations and firearm trafficking require specialized knowledge. Constitutional carry laws have created new legal issues. Criminal defense lawyer expertise can mean the difference between conviction and dismissal. Department of Public Safety regulations affect licensing and carry permits.

What to Expect During a Gun Charge Case in Houston

The criminal process follows these key steps:

  • Arrest and investigation: Police collect evidence and file initial charges
  • Federal review: ATF may investigate potential federal weapons crimes
  • Bond hearing: Court sets bail and any weapon possession restrictions
  • Case analysis: Your lawyer reviews all the evidence and legal issues
  • Plea negotiations: Discussions with prosecutors about potential agreements
  • Trial preparation: Building a restoration of gun rights strategy and gathering evidence
  • Court proceedings: Hearings, motions, and potential jury trial
  • Sentencing: If convicted, determining appropriate penalties

Throughout this process, your criminal defense lawyer protects your constitutional rights.

Why Choose Our Houston Gun Charge Lawyers?

Why Choose Our Houston Gun Charge Lawyers_

LaVine Law Firm has extensive experience defending all types of weapons charges. We handle federal weapons offense cases and state criminal charges. Our lawyers are familiar with Texas Penal Code Sections 46.02, 46.04, and 46.05. Brass knuckles, assault weapons, and explosive weapons cases are our specialties.

Short-barrel firearms and silenced firearms charges require federal expertise. Firearm smuggling and unlawful import and exportation cases involve complex federal law. Texas firearm laws and constitutional carry provisions are subject to frequent changes. Our Federal Weapons Offense team stays current with all legal developments.

FAQ

What Are the Penalties for Illegal Possession of a Firearm in Texas?

A convicted felon found in possession of a firearm faces a prison sentence ranging from 2 to 10 years. Federal charges can result in 10 years or more. Illegal possession of a firearm by prohibited persons includes fines of up to $10,000. Previous weapons violations enhance penalties significantly. Gun rights are lost permanently after felony convictions.

Can I Carry a Gun in Public in Houston Without a Permit?

Texas is now a constitutional carry state, thanks to House Bill 1927. People 21 and older can carry handguns without permits. Concealed carry permit requirements still exist for reciprocity. Open carry laws allow for the visible carrying of firearms with proper licensing. Prohibited places still restrict all carrying regardless of permits.

What Should I Do if I Am Charged With a Gun Crime in Houston?

Contact an experienced weapons charge lawyer immediately. Do not speak to police without an attorney present. Gather any documentation about legal firearm ownership. Avoid discussing the case on social media or with others. Understand that both state and federal charges may apply.

Is It Possible for Gun Charges to Be Dismissed or Lessened in Houston?

Yes, charges can sometimes be reduced through plea agreements. Unlawful search and seizure may lead to dismissal. Lack of evidence or witness problems affect the prosecution's ability. Constitutional carry defenses may apply in some cases. Each weapons case depends on specific facts and circumstances.

How Long Does a Gun Charge Case Take to Resolve in Houston?

Most weapons cases take 6 months to 2 years to resolve. Federal weapons crimes often take longer than state cases. Complex firearm trafficking cases may take several years. Plea negotiations can speed up case resolution. Trial preparation requires extensive time and legal research.

Can I Appeal a Gun Charge Conviction in Houston?

Yes, convictions can be appealed to higher courts. Appeals must be filed within specific time limits. Constitutional violations may support successful appeals. Petitions for the restoration of gun rights are available in some cases. Experienced appellate lawyers handle these complex legal procedures.

Contact Our Houston Gun Charge Lawyers for a Free Consultation

Contact Our Houston Gun Charge Lawyers for a Free Consultation

Call LaVine Law Firm today for your free consultation about weapons charges. Our criminal defense team is ready to protect your gun rights immediately. We are well-versed in both Texas firearm laws and federal gun laws. Handgun permit and concealed handgun license issues require immediate attention.

Contact us now to discuss your defense strategy and protect your constitutional rights. Payment plans make quality legal representation more accessible to a wider range of defendants.

better call Brian
For an Initial Consultation! Call Us Today!
713-965-7305
Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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