Weapon Offense Lawyer in McKinney
In McKinney, a conviction for a weapon offense, including illegal possession of a firearm, can put you behind bars—potentially for years.
Although Texas has some of the least stringent weapons laws in the United States, the police do not take violations lightly. A conviction not only carries potential jail time and substantial fines, but it can also leave you with a permanent criminal record. A weapon offense lawyer in McKinney can help you fight these charges.
At the Law Offices of Randall B. Isenberg, we fight to protect your legal rights to possess firearms and other weapons. With more than 30 years of experience as a judge, felony prosecutor, and criminal defense lawyer, Attorney Randy Isenberg will help you achieve the best possible outcome in your weapon offense case.
Call us today at 214-696-9253 to schedule a free consultation and case review.
Will I Go to Jail for a Weapon Offense in McKinney?
Whether you get jail or prison time for a weapons crime depends on the details of your case and the level of charges the prosecutor elects to pursue.
Some weapon offenses carry misdemeanor charges. For example, the illegal possession of a gun may warrant a Class A misdemeanor charge. Under state law, Class A misdemeanor charges carry a jail sentence up to one year and a $4,000 monetary fine.
If you have any aggravating circumstances in your case, however, the prosecutor can pursue more serious charges, including felony weapon offenses. Some examples of aggravating circumstances include having prior felonies on your record or carrying a gun while under a restraining order or while you have an order of protection filed against you.
In many cases, prosecutors can use your possession of a weapon as a reason to pursue aggravated charges for another type of criminal offense, such as robbery or assault. The prosecutor can charge you with aggravated assault or robbery even if you never touched the gun, as long as you had it in your possession at the time of the alleged offense.
For a felony weapon offense, the prosecutor can pursue any of the following penalties:
- For a state jail felony conviction, you will spend up to 24 months in jail and pay a fine of up to $10,000;
- For a third-degree felony offense, you will spend up to 10 years in prison and pay a fine up to $10,000;
- For a second-degree felony weapon offense, you face as much as 20 years in prison and a $10,000 fine; and
- A first-degree felony weapon charge carries life in prison and a fine of $10,000.
In addition to prison and a monetary fine, a conviction also requires you to pay all court costs and fees and potentially serve supervised probation and community service. You will have a permanent criminal record that can interfere with your ability to get a job or hold a professional license.
How Will a Lawyer Defend Me?
When you trust the Law Offices of Randall B. Isenberg to represent you on a weapon offense case, you will not have to face this potentially frightening and confusing legal threat alone.
We will ensure the protection of your legal rights and represent you through every phase of the criminal process. We will investigate the facts of your case and analyze all available evidence to establish the basis for your defense.
If our legal team can identify any potential violations of your legal rights or mistakes the police made, we can use that information to negotiate with the prosecutor for a reduction or dismissal of your charges. If the prosecutor has yet to file charges in your case, this allows us even more opportunities to help you avoid facing a criminal action.
We will ensure that you understand your options and how the outcome of your case can affect your future and your freedom.
How Does Texas Law Define a Weapons Offense?
Residents of Texas have the right to own or possess a firearm; however, you must keep it out of sight in your home or your car.
You cannot, by law, have a short-barrel gun, machine gun, a silencer, or armor-piercing ammunition. You cannot own or possess accessories or ammunition for any of these illegal firearms.
You cannot take a firearm into specific locations or facilities, which include taverns and bars, churches, prisons, hospitals, amusement parks, and residential care facilities.
Many people find themselves facing weapon offense charges related to handguns and the concealed carry of firearms. Often, these weapon offenses occur due to of confusion about the law or being unaware of recent changes.
In the Texas Administrative Code (TAC), you will find legal language that provides most citizens of Texas the right to carry a concealed, holstered handgun, provided they have a license to do so. The Texas Department of Public Safety (DPS) issues handgun licenses in McKinney and throughout the state.
You cannot, however, carry a concealed weapon in an airport, government facility, school, voting location, or racetrack. You also cannot possess or carry a gun if you have legally lost your right to own a gun, or if you belong to a known criminal gang.
Texas has also banned switchblade knives, bombs and fake bombs, clubs, grenades, metal “knuckles,” rockets, and devices that dispense chemicals such as mace.
Schedule a Free Consultation With Weapon Offense Lawyer in McKinney
Having the Law Offices of Randall B. Isenberg on your side can protect your legal rights and help you obtain the best possible outcome in your case. Whether you already face weapons charges or if the police have you under investigation, contact us today for a free consultation and case review. We will answer your questions and explain your options, so you can make the most informed choice for your future.
To learn more about how we can help, call our office now at 214-696-9253.