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Houston Weapon Crime Lawyer
by Brian LaVine / Last Updated: August 21, 2025
Houston Weapon Crime Lawyer

Weapon crimes in Texas can have serious consequences. Whether you're facing charges for unlawful possession of a firearm, carrying a concealed weapon without a permit, or a deadly weapon offense, these charges can impact your future. LaVine Law Firm understands the importance of protecting your rights when accused of a weapon crime.

LaVine Law Firm helps you fight back against weapon charges. Our experienced criminal defense attorneys are dedicated to providing aggressive legal representation. Whether you are facing criminal charges in Houston or dealing with more serious offenses under the Texas penal code, we’re here to guide you through the legal process.

We offer a free consultation to discuss your case, determine the best course of action, and help you protect your future from a potential criminal conviction.

Table of Contents

What Constitutes a Weapon Crime in Texas?

In Texas, a weapon crime involves the unlawful use, possession, or distribution of weapons, including firearms, knives, and other deadly weapons. These crimes are taken seriously, and depending on the situation, they can be classified as violent crimes or federal crimes.

Types of Weapons Covered Under Texas Law

  • Firearms: Guns, rifles, and other types of firearms are covered under Texas law.
  • Deadly Weapon: Any object capable of causing serious injury or death, including guns, knives, and explosives.
  • Prohibited Weapons: Weapons such as machine guns, silencers, and illegal knives.
  • Firearms Offenses: Charges related to the unlawful use, possession, or sale of firearms.

Common Types of Weapon Crimes in Houston

Common Types of Weapon Crimes in Houston

Weapon crimes in Houston cover a variety of offenses, each carrying serious legal consequences. From illegal possession of firearms to carrying concealed weapons without a license, these charges can lead to criminal convictions that affect your future.

Some of the most common types of weapon crimes in Houston, all of which require strong legal defense, are:

Illegal Possession of Firearms

In Texas, it is illegal for certain individuals, such as convicted felons or those with restraining orders, to possess firearms. If you are caught with a firearm in violation of these laws, you can face severe criminal charges.

A Houston weapon crime lawyer can help challenge the evidence or argue for reduced penalties, especially if there are issues with how the firearm was obtained or discovered.

Carrying a Concealed Weapon Without a License

In Texas, it is illegal to carry a concealed weapon without the proper permit. If you are caught carrying a concealed weapon without a license, you can face serious charges.

An experienced criminal defense lawyer can help assess your case, negotiate for reduced charges, or explore options like a plea deal to avoid harsher penalties, especially if you were unaware of the legal requirements.

Possession of Prohibited Weapons (e.g., Machine Guns, Knives)

Texas law prohibits the possession of certain weapons, such as machine guns, explosives, and illegal knives. These weapons are considered dangerous and are heavily regulated under Texas law.

If you are found in possession of a prohibited weapon, you may face felony charges, depending on the circumstances. An experienced criminal defense attorney can help challenge the evidence or seek the best possible outcome for your case.

Discharging a Firearm in Public

In Texas, discharging a firearm in public without a valid reason is illegal and can lead to serious charges. Unlawful discharge of a firearm, especially in public places, is considered a dangerous offense. If charged, you could face fines, jail time, or both.

A criminal defense lawyer can review the circumstances and work to have the charges reduced or dismissed, particularly if there was no intent to harm others.

Weapon Crimes Involving Domestic Violence

When a weapon is involved in domestic violence cases, the charges are typically more severe. Using a weapon to threaten or harm a partner can result in aggravated charges, especially if bodily injury occurs.

In these cases, it's crucial to seek legal counsel from a criminal defense attorney who can help build a defense strategy and protect your rights throughout the process.

Texas Laws on Weapon Crimes

Texas has specific laws regarding weapon ownership, possession, and usage. These laws regulate everything from gun ownership to where and how weapons can be carried. Understanding these laws is essential to avoiding criminal charges.

Here are important aspects of Texas law related to weapon crimes, including gun ownership restrictions and other legal considerations:

Gun Ownership and Restrictions in Texas

Texas law allows residents to own firearms, but there are strict restrictions for certain individuals, such as convicted felons or people under protective orders. Even if you are allowed to own a gun, there are specific regulations about how and where you can carry it.

A Houston criminal defense attorney can help you understand Texas law regarding gun ownership and fight any weapons charges related to firearms.

Texas Concealed Carry and Open Carry Laws

Texas allows both concealed carry and open carry of firearms, but certain rules apply. To carry a concealed weapon, you must obtain a valid permit. Similarly, open carry requires a license, and there are restrictions on where you can carry your firearm.

Violating these rules can lead to serious weapons charges. A Houston criminal defense lawyer can help you understand these laws and ensure you comply with the federal law.

Prohibited Locations for Weapons

Even if you have a valid gun permit, there are places in Texas where carrying a weapon is prohibited. These include schools, government buildings, private property with posted restrictions, and certain public events.

Carrying a weapon in these areas can result in criminal charges. It’s important to know the locations where weapons are not allowed to avoid penalties.

Penalties for Violating Weapon Laws

  • Class A Misdemeanor:
  • Applies to carrying a weapon in prohibited locations or without a license.
  • Penalties may include up to 1 year in jail and fines up to $4,000.
  • Applies to carrying a weapon in prohibited locations or without a license.
  • Penalties may include up to 1 year in jail and fines up to $4,000.
  • Felony Charges:
  • If the weapon was used in a crime or the individual has a criminal history, charges may escalate to a felony.
  • Penalties can include 2 years to life in prison, plus fines of up to $10,000.
  • If the weapon was used in a crime or the individual has a criminal history, charges may escalate to a felony.
  • Penalties can include 2 years to life in prison, plus fines of up to $10,000.
  • Probation:
  • In some cases, probation or community supervision may be given as an alternative to jail time. However, this may still include strict conditions like regular check-ins, community service, or restrictions on weapon ownership.
  • In some cases, probation or community supervision may be given as an alternative to jail time. However, this may still include strict conditions like regular check-ins, community service, or restrictions on weapon ownership.
  • Loss of Gun Rights:
  • A conviction can lead to the permanent loss of the right to bear arms, preventing the individual from owning firearms in the future.
  • A conviction can lead to the permanent loss of the right to bear arms, preventing the individual from owning firearms in the future.
  • Federal Penalties:
  • For more serious offenses or if federal law is involved (e.g., firearms offenses across state lines), penalties may be more severe and handled in federal court.
  • For more serious offenses or if federal law is involved (e.g., firearms offenses across state lines), penalties may be more severe and handled in federal court.

These penalties can have long-lasting effects on your future, so it’s important to seek legal counsel if you are facing weapons charges.

Consequences of a Weapon Crime Conviction in Texas

Consequences of a Weapon Crime Conviction in Texas

Being convicted of a weapon crime in Texas can have severe consequences. These consequences can affect your freedom, finances, and future. Jail time, fines, and other penalties are common for those convicted of weapons charges.

A few of the most common penalties associated with a weapon crime conviction in Texas include:

Jail Time and Fines

Convictions for weapon crimes often lead to significant jail time. For felony charges, you could face years in prison, depending on the severity of the offense. In addition to jail time, hefty fines may be imposed.

Fines can range from a few thousand dollars to tens of thousands, depending on the crime and whether it involved the use of a deadly weapon.

Probation or Parole

Instead of jail time, you may be placed on probation or parole if convicted of a weapon crime. Probation often involves community supervision, where you check in with an officer regularly and follow strict conditions. Parole may be granted to individuals who serve part of their sentence but are released early with conditions.

Violating these conditions can lead to serious penalties. An experienced criminal defense lawyer can help reduce the likelihood of parole violations and ensure compliance with the criminal justice system.

Permanent Criminal Record Impact

A conviction for a weapon crime can leave a permanent mark on your criminal record. This can affect your future employment, housing options, and even your ability to own firearms.

Criminal law has harsh consequences for a criminal offense involving weapons, and once it’s on your criminal record, it’s difficult to remove. Criminal lawyers can help you understand the long-term impact of a conviction and explore options for expunging your record.

Loss of Rights (e.g., Right to Bear Arms, Employment)

A conviction for a weapon crime can lead to the loss of rights, including the right to bear arms. Once convicted, you may be permanently prohibited from owning or carrying firearms in the future. A criminal case involving weapon charges can also impact your employment opportunities, as many employers conduct criminal background checks.

Working with the best criminal defense attorney can help you understand the full impact of a conviction and potentially reduce penalties to protect your rights and future.

How a Houston Weapon Crime Lawyer Can Help

A Houston weapon crime lawyer plays a crucial role in defending you against serious charges. They will review every aspect of your criminal case, from evidence to witness testimony, and identify weaknesses in the prosecution’s argument.

With experienced attorneys on your side, you can address complex legal issues and work toward a favorable outcome, even when facing serious felony charges.

Reviewing the Evidence and Case Details

A Houston criminal defense lawyer will carefully examine the evidence in your criminal case, including any criminal investigation reports, witness statements, and police actions. By evaluating this information, they can find flaws or inconsistencies in the prosecution's case.

If your charges involve violent crimes or weapons offenses, they will look for any legal or procedural errors that could lead to a dismissal or reduced charges.

Building a Strong Defense Strategy

To fight weapons charges, your lawyer will build a strong defense strategy based on the facts of your criminal case. They will use the reasonable doubt standard to challenge the prosecution’s evidence and weaken their argument.

The goal is to create a defense that minimizes the impact of the charges and potentially leads to a favorable outcome, such as reducing the charges or having the case dismissed altogether.

Negotiating with Prosecutors for Reduced Charges

An experienced attorney will work with the prosecutor to negotiate for reduced charges or lesser penalties. If you’re facing a class B misdemeanor, your lawyer may be able to negotiate a plea deal or suppress evidence that would hurt your case. Reducing the charges can prevent a criminal conviction from significantly affecting your future.

Representing You in Court

If your court appearance leads to a jury trial, your lawyer will represent you in front of the judge and jury. They will present your case, cross-examine witnesses, and argue to create reasonable doubt in the prosecution’s case.

Jury trials can be complicated, but with the right defense, your lawyer can work to achieve the best possible outcome.

Possible Defenses Against Weapon Charges

Possible Defenses Against Weapon Charges

There are several possible defenses against weapon charges in Texas. Each case is unique, and a skilled criminal defense lawyer will evaluate all aspects of the case to determine the best defense strategy.

Here are some common defenses that can be used to challenge weapon crimes and help reduce or dismiss the charges:

Lack of Knowledge or Intent

One possible defense is a lack of knowledge or intent. If you didn’t know the weapon was in your possession or never intended to use it unlawfully, this could work in your favor. In a criminal case, proving you didn’t have the intent to commit the offense can create reasonable doubt, which may lead to a dismissal or reduction of charges.

Illegally Seized Evidence

If law enforcement officers illegally seized evidence, it can be challenged in court.

For example, if police conducted an unlawful search or seized a weapon without a warrant or probable cause, the evidence could be suppressed. A criminal defense attorney can argue that the evidence should not be used in court, potentially leading to a dismissal of the weapon charges.

Self-Defense or Defense of Property

If you used a weapon in self-defense or to protect your property, it may be a valid defense. Texas law allows the use of deadly force in certain situations to prevent harm. If you can prove that you were acting in self-defense or defending your home, your criminal case may be dismissed or reduced.

Mistaken Identity or False Accusations

In some cases, individuals are falsely accused of a weapon crime or mistaken for someone else. A criminal defense lawyer can investigate whether the charges are based on mistaken identity or incorrect information.

If the evidence is unclear or witnesses misidentified you, this could serve as a defense to have the charges dropped.

What to Do if You’re Arrested for a Weapon Crime in Houston

Being arrested for a weapon crime can be overwhelming, but how you respond is crucial to your case. There are important steps you can take to protect your rights and improve your chances in court.

Some of the actions you should take if you’re arrested for a weapon crime in Houston include:

Exercise Your Right to Remain Silent

If you’re arrested for a weapon crime, it’s important to exercise your right to remain silent. Anything you say to law enforcement can be used against you in court. Without a criminal defense attorney present, it’s best to avoid discussing the case. This ensures your words won’t be misinterpreted or used to harm your defense later.

Contact a Criminal Defense Lawyer Immediately

After an arrest for a weapon crime, contacting a criminal defense lawyer right away is crucial. A skilled attorney can protect your rights, explain the legal process, and begin working on your defense strategy. They will also ensure that your case is handled correctly and that you understand the potential consequences of your charges.

Do Not Discuss the Case with Authorities

It’s important not to discuss your case with authorities without your criminal defense lawyer present. Anything you say to the police or investigators can be used against you in court, even if it seems harmless.

Always wait for your lawyer before speaking to anyone about your case, as they will guide you on what to say and what to avoid.

Frequently Asked Questions (FAQs)

What happens if I am charged with a class B misdemeanor for unlawful carrying of a weapon?

If you are charged with a class B misdemeanor for unlawful carrying, you may face penalties including up to 180 days in jail and fines up to $2,000. A criminal defense attorney can help you reduce or avoid these penalties, especially if it’s your first offense.

Can a weapon crime be related to aggravated assault or sexual assault charges?

Yes, if a weapon is used in the commission of aggravated assault or sexual assault, the charges can become more serious. In these cases, the penalties may increase, including longer prison sentences. A criminal defense lawyer can help challenge the evidence or negotiate for reduced charges.

What should I do if I have a court date for a weapon charge in Harris County?

If you have a court date in Harris County, make sure you attend and have your criminal defense attorney with you. They will represent you during your first court appearance and explain the charges, the legal process, and possible defenses. Missing a court appearance can result in serious consequences.

Can traffic violations affect my weapon crime case?

Traffic violations could lead to additional charges if you were carrying a weapon illegally during a traffic stop. If your police reports show you violated multiple laws, it may increase the penalties for your weapon crime. A lawyer can help protect you from additional charges, such as money laundering or other offenses tied to your case.

What are the consequences if I plead guilty to a weapon crime?

If you plead guilty to a weapon crime, you could face serious penalties, including jail time, fines, and a permanent criminal record. In cases involving serious crimes like capital murder or white collar crimes, the penalties could be even more severe. A criminal defense lawyer can negotiate a plea deal to reduce the charges or minimize penalties, especially if the prosecutor’s office is willing to offer a lesser sentence.

Schedule a Free Consultation with Our Houston Weapon Crime Lawyer

Schedule a Free Consultation with Our Houston Weapon Crime Lawyer

LaVine Law Firm understands how serious weapon charges can be. Whether you are facing federal crimes or criminal law violations at the state level, our experienced criminal defense attorneys are here to offer legal representation you can trust. We have the knowledge and skills to handle cases involving unlawful carrying, aggravated assault, and even complex cases involving the Federal Bureau of Investigation (FBI).

We offer a free initial consultation to discuss your case and explore your options. During this consultation, we’ll answer your questions and guide you on how to proceed. Our goal is to help you achieve the best possible outcome, whether that means reducing charges, negotiating a plea deal, or fighting the case in court.

Contact us today to schedule your free initial consultation and take the first step toward a strong defense with experienced criminal defense attorneys at LaVine Law Firm. Let us help you protect your rights and future.

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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