In Texas, a conviction on firearms and illegal weapons charges can lead to substantial monetary fines and time behind bars. It also means you will have a permanent criminal record that could prevent you from owning or carrying a firearm in the future.
To protect your legal rights, call a weapon offense lawyer in Rockwall.
Contact the Law Offices of Randall B. Isenberg today for help: 214-696-9253.
What Are the Penalties for Weapon Offenses in Rockwall?
The penalties associated with a weapons conviction depend on the nature of the charges. However, most basic weapons offenses — carrying a banned weapon or illegal carry of a firearm, for example — carry misdemeanor charges.
Upon conviction for a Class B misdemeanor, you will face a $2,000 fine and as much as six months behind bars. For a Class A misdemeanor, you could face a $4,000 monetary fine and up to one year behind bars.
More serious charges, such as carrying a weapon with a restraining order or prior convictions for felonies or domestic violence, potentially mean much more serious penalties. These offenses may mean felony charges in Texas, punishable as follows.
|State jail felony||Fines up to $10,000||Up to 2 years in state jail|
|Third-degree felony||Fines up to $10,000||Up to 10 years in prison|
|Second-degree felony||Fines up to $10,000||Up to 20 years in prison|
|First-degree felony||Fines up to $10,000||Up to 99 years in prison|
Possession of a firearm during certain offenses, especially violent crimes, will lead to aggravated charges.
Some examples are aggravated robbery and aggravated assault, committing a crime in the presence of a minor child, and having prior criminal convictions. If you commit a weapon offense at an airport, school, or another type of government facility, you will also face the most serious level of criminal charges.
Aggravated criminal offenses such as these often lead to the filing of federal weapons charges, and the potential for a life sentence in a federal prison.
Can a Weapon Offense Lawyer in Rockwall Help Me?
Facing Texas weapons charges without the help of an attorney can put your entire future at risk. Having a weapon offense lawyer on your side will help protect your legal rights and give you the chance to fight for your future and your freedom.
You need a lawyer who understands how Texas gun laws work and how the prosecution will build its case against you.
We will obtain all the relevant evidence, interview witnesses, obtain any security or surveillance footage, and review police reports. Your lawyer can use any potential weaknesses — including illegal search and seizure or the mishandling of weapons evidence — when building your defense.
If the prosecutor has not yet filed charges, Randall Isenberg may be able to negotiate for lesser charges or, in some cases, convince the prosecutor not to file charges at all. Even if the prosecutor has filed charges, we can negotiate for a reduction or attempt to convince the judge to dismiss your case.
Randall and his team will be by your side through every step of the process, ensuring that you understand your options and helping you make the best possible choices for your future.
Understanding the Texas Illegal Weapons and Firearms Laws
Section 46 of the Texas Penal Code (TPC) provides most Texas residents with the right to own a gun, as long as they keep it out of sight. You can legally have a gun in your home as well as in your vehicle.
Texas handgun laws are not so clear, however, and subject to fairly frequent modification by the legislature.
Many weapon offenses result from not knowing or understanding recent changes in the firearms laws.
Texas Firearms Law Basics
Per the TPC, it is illegal to own, possess, manufacture, sell, repair or transport short-barrel firearms (including ammunition and accessories), machine guns (including ammunition and accessories, silencers, and armor-piercing ammunition.
Carrying a gun into a hospital, church, prison, nursing home, amusement park, or bar is also illegal under Texas law.
Texas Concealed Firearms Law Basics
The Texas Administrative Code (TAC) grants most Rockwall residents the right to possess and carry concealed handguns as long as they remain holstered. To carry a concealed weapon, however, you must have a duly issued handgun license from the Texas Department of Public Safety (TxDPS).
The law prohibits taking a concealed weapon into any school, airport, polling place, race track, off-track betting facility, or government building. Recent changes in the laws allow private colleges to opt out of this prohibition and allow concealed carry at Texas community colleges.
You may not own or possess any firearm if you have lost your legal right to own a gun or if you are a member of a known criminal organization or street gang.
Non-Firearm Weapons Law Basics
Texas statutes prohibit any person from carrying, owning, selling, or trading brass knuckles, zip guns, grenades, rockets, bombs, nightsticks, clubs, or chemical dispensing devices.
Although previously illegal under Texas law, recent legislation changes mean that you can now legally carry (in the open, in public places) swords, spears, sabers, machetes, and knives with blades that exceed five inches.
Switchblades, however, remain illegal.
Call a Weapon Offense Lawyer in Rockwall Today
Whether the state has filed charges or has you under investigation for weapons offenses, act quickly to find a weapon offense lawyer to represent you.
Charges do not mean that a conviction is inevitable. Your lawyer can work with the prosecutor to get your charges reduced or dismissed. However, if the prosecutor will not agree, your lawyer can get to work building a strong case in your defense.
Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than three decades of experience as a weapons offense lawyer, a chief felony prosecutor, and state district court judge. This unique level of experience provides keen insight into how the prosecution will build their case, and provides Attorney Isenberg with the knowledge and experience to get the job done for you.
The Law Offices of Randall B. Isenberg offers a complimentary consultation, to answer your questions and help you make informed choices for your future. Contact us today to schedule an appointment: 214-696-9253.