Weapon Offense Lawyer in Denton

In Denton, a weapon offense conviction means a large fine and, in most cases, jail or prison time. You may also face probation, community service, and, if your conviction involved a felony, the loss of your right to possess a firearm.

To protect your legal rights and fight these serious charges, speak to a weapon offense lawyer in Denton. Attorney Randall Isenberg has more than 30 years’ experience navigating the criminal justice system.

Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a free consultation and case review.

 

Will I Face Jail Time for Conviction on a Weapon Offense?

Every weapon offense includes the potential for time behind bars.

Depending on the severity of your charges, a misdemeanor conviction could carry up to a year in jail. For a felony weapon offense, you could face anywhere from two years to life in prison.

The penalties for a weapon offense conviction in Denton include:

Type of Charge

Potential Incarceration & Financial Penalty

Class B misdemeanor

3 to 180 days in jail and a $2,000 fine

Class A misdemeanor

Up to 1 year in jail and a $4,000 fine

State jail felony

Up to 2 years in state jail and a $10,000 fine

Third-degree felony

2 to 10 years in prison and a $10,000 fine

Second-degree felony

2 to 20 years in prison and a $10,000 fine

First-degree felony

5 to 99 years in prison and a $10,000 fine

The type of charges the prosecutor will pursue depends on the nature of the alleged offense, your past criminal record, and any aggravating circumstances that apply.

A conviction will also require you to pay court costs and fees and potentially serve probation and community service. Weapons offenses also end up on your criminal record, available to anyone who runs a background check on you. This could make it difficult to get a job or even rent an apartment.

If your conviction is a felony, you will lose your right to own a gun or to obtain a hunting or fishing license.

 

Which Weapon Offense Charges Will I Face?

Section 46 of the Texas Penal Code (TPC) breaks weapons offenses into two basic categories: Firearms laws and non-firearm weapon laws.

Firearms Statutes

Under the statutes, citizens of Texas can legally possess a gun if they are over the age of 18, not legally prohibited from owning a firearm, and not a member of a known criminal or street gang.

The state of Texas does not require a license to own a gun, but your firearm must remain inside your home or your car, and it cannot be visible.

However, there are restrictions on who can possess a weapon. You may not own or possess a firearm if you have a prior conviction for domestic or family violence or if you had a felony within the prior five years. In addition, in most cases, you cannot own or possess a firearm if you are currently the subject of a restraining order in Texas.

There are also restrictions on what types of firearms you can own. According to the TPC, you cannot own, possess, manufacture, sell, transport, or repair a short-barrel firearm or a machine gun. You also cannot possess any silencers or bullets capable of piercing armor.

You can own and carry a holstered handgun in a concealed location as long as you obtain a License to Carry (LTC). The Texas Department of Public Safety (DPS) issues the LTC, based on the terms outlined in Title 7 of the Texas Administrative Code (TAC).

The TAC stipulates that you cannot carry a concealed weapon into:

  • A school
  • A polling place on election day
  • An airport
  • A government building
  • A casino
  • A prison
  • A hospital
  • A church
  • A nursing home
  • Drinking establishment
  • An amusement park

Non-Firearms Statutes

In addition to the types of restricted firearms and accessories noted above, you cannot own, transport, manufacture, possess, sell, or repair any of the following non-firearm weapons.

  • Bombs
  • Grenades
  • Rockets
  • Zip guns
  • Nightsticks
  • Maces
  • Other explosive devices
  • Replica explosive devices
  • Brass knuckles
  • Tire deflation devices

Aggravating Circumstances

Above and beyond the charges outlined in the TPC, the statutes allow the prosecutor to seek additional charges and penalties if your alleged offense involved any aggravating circumstances.

Some examples of aggravating circumstances include possessing a weapon at the time you committed a crime (whether or not you used the weapon or even threatened to use it), and providing a weapon to someone else to use while committing a crime. The law also prohibits providing any weapon to someone under a protective order restriction, to someone who is drunk, or to any minor child.

 

What Can a Denton Weapon Offense Lawyer Do for You?

The penalties for a weapons offense in Texas are particularly harsh. If you want to avoid the potential of going to jail for months or years, you will have to put up a fight.

A weapon offense attorney at the Law Offices of Randall B. Isenberg has the knowledge and understanding of the Denton legal system, and will put those skills to work on your behalf. Your lawyer will protect your legal rights, represent you in court and at other required legal appearances, and advise you on the implications of your charges. We will also ensure that you understand all your options and how they may affect your future.

We will delve into the facts, details, and evidence of your case, in search of potential problems or errors made by the police.

We might fight your charges based on illegal search and seizure, faulty ballistics testing, the mishandling of evidence, or other mistakes or violations. For charges that involve carrying a weapon in a restricted area, we may question the presence or visibility of signage mandated by the statutes.

Using any problems with the evidence as leverage, your lawyer may successfully negotiate with the prosecutor to reduce or dismiss your charges. If we must take your case to court, we can use this information as part of your criminal defense, to establish reasonable doubt with the jury or judge.

 

Talk to a Weapon Offense Lawyer in Denton Today at No Cost

A weapon offense conviction can land you in jail for years. Do not put your freedom and future on the line by handling this alone.

Randall Isenberg spent more than 30 years in the criminal justice system, as a judge, prosecutor, and attorney providing criminal defense for clients. His background provides critical insight into how prosecutors pursue weapons violations cases.

The Law Offices of Randall B. Isenberg provides a free consultation to clients accused of a weapon offense in Denton. Call us today at 214-696-9253 to schedule your appointment.

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