Texas has some of the most liberal gun laws in the country. However, state and national laws still restrict the ownership, sale, and transportation of certain types of weapons. A charge for violating any of these regulations can significantly affect an individual’s livelihood. If you are facing weapons charges of any kind in Texas, you cannot afford to take chances with your defense. Contact the Law Offices of Mark T. Lassiter to speak with one of our Dallas criminal defense attorneys.
Guns are an extremely controversial political topic. Unfortunately, individuals facing weapons charges risk the state making an example of them. This makes effective criminal defense all the more important. At the Law Offices of Mark T. Lassiter, our legal team has been helping individuals in Dallas facing weapons-related charges for years. We know what it takes to protect your rights and your good name in the face of a weapons-related accusation.
Call our Dallas weapons charges lawyers at (214) 845-7007 if you’re facing a weapons charge. You can also send an email to contact us and begin preparing your defense to the charges.
Do I Need a Weapons Charge Lawyer?
When facing a weapons charge, even if you know you are innocent, do not assume it will all work out. Without a Dallas weapons crime lawyer, you may miss the opportunity to fight for your rights. You may not understand how to present valuable defenses that could exonerate you. Unfortunately, even though you’re innocent until proven guilty, you must still respond to the charges against you. The police and the state’s attorney want to convict you. But just because they say you’re guilty doesn’t mean that a jury of your peers will find you guilty. You have the right to try your weapons charges case and assert every defense that applies.
There are many ways to approach a weapons charge. Your criminal defense lawyer could establish your defense based on statutory law, case law, or factual information. They could introduce differing interpretations of the law in your defense. With a weapons charge lawyer by your side, you know you’re bringing the best possible defense to the charges. An experienced attorney can guide you through the process and give you the best chance of a reduced sentence or not-guilty verdict.
Why Choose the Law Offices of Mark T. Lassiter?
At the Law Offices of Mark T. Lassiter, we have a wealth of experience that can work to your advantage if you face weapons charges in the Dallas area. Our leader, Mark T. Lassiter, J.D., is a South Texas College of Law graduate and a former Dallas prosecutor. He has extensive experience with criminal charges in Texas, including all kinds of weapons charges. With years of experience in the trenches of criminal law, Mark Lassiter knows the details of each weapons charge in Texas. He knows what defenses are successful in fighting weapons charges. He also knows what mistakes the police often make when they charge individuals.
Mark Lassiter is a board member of the Dallas Criminal Defense Lawyers Association. He’s also a member of the Criminal Law Committee for the Dallas Association for Young Lawyers. He is admitted to practice in Texas and before the 5th Circuit Court of Appeals for the United States. He is also a member of the Bar of the U.S. Supreme Court. His commitment to excellence in criminal law can make all the difference when facing a weapons charge.
Common Weapons Offenses
Texas law restricts gun ownership and possession in several circumstances. Specifically, the law limits your right to carry weapons in certain locations or if you have a felony conviction. You could face many possible weapons charges in Texas, from concealed carry violations to illegal possession. Some of the most common of these offenses include:
- Unlawfully carrying a weapon
- Concealed handgun license violations
- Concealed guns or firearms at airports or other public places
- Unlawfully brandishing or discharging a weapon
- Illegal sale of a weapon
- Possession of a firearm by a convicted felon
A conviction on any of the above could significantly affect your rights and freedoms. The consequences could make it difficult for you to find employment, further your education, and even find a place to live. As such, if you are facing these or any other weapons charges, take action today to get the best defense possible.
According to Texas Penal Code § 411.172, it is against the law for any of the following individuals to possess or use a weapon:
- Anyone under 21 years old
- Convicted of a felony
- Convicted of a misdemeanor within the last five years
- Anyone arrested or facing charges of domestic violence
- Residents who have not been living in the state for longer than six months and haven’t completed an application for a conceal-carry permit
- Anyone addicted to illegal or prescription drugs
- Individuals with mental disabilities
- Anyone behind on child support payments and subject to collections from the Attorney General’s Office in Texas
There are also some situations where you’re not allowed to carry a gun even if you have a concealed-carry permit. You are not allowed to possess a firearm or another weapon at any of the following locations:
- Religious institutions
- School property
- Hospitals
- Public entertainment facilities
- Airports
- Polling stations
- Within 1,000 feet of a jail or law enforcement agency
- Businesses earning at least 51% of their revenue from selling alcohol
Possession of a firearm is just one charge alone. However, if you use a gun to commit another crime, such as burglary or murder, you could face additional charges. You should consult an experienced weapons offenses lawyer to protect your rights and create a solid defense.
Penalties You Could Face with A Gun Crimes Conviction
Texas takes the violation of weapons offenses seriously. If you’re arrested and charged with a gun crime, you could face severe penalties, including expensive fines and a jail sentence.
Unlawful carrying of a weapon
- Class A misdemeanor
- Maximum of one year in jail
- Up to $4,000 in fines
If the offense occurred at a business with a liquor license or at another place that engages in the sale of alcohol, the penalties are:
- Third-degree felony
- Two to ten years in prison
- Up to $10,000 in fines
Illegally selling a weapon
- Class A misdemeanor
- Maximum of one year in jail
- Up to $4,000 in fines
If you sold a firearm to a minor, the penalties are:
- State jail felony
- 180 days to two years in state jail
- Up to $10,000 in fines
Carrying a concealed gun or firearm at an airport or another public place
- Third-degree felony
- Maximum of 10 years in prison
- Up to $10,000 in fines
If the state decides to charge you with this offense under Texas Penal Code § 46.02, you could face the following penalties:
- Class A misdemeanor
- Maximum of one year in jail
- Up to $4,000 in fines
Convicted felon possessing a firearm
- Third-degree felony
- Maximum of 10 years in prison
- Up to $10,000 in fines
Violating concealed handgun license
- Third-degree felony
- Maximum of 10 years in prison
- Up to $10,000 in fines
Unlawful brandishing or discharging a weapon
Brandishing or discharging a firearm near or in the direction of another person, vehicle, building, or home is “deadly conduct.” The penalties are:
- Third-degree felony
- Maximum of 10 years in prison
- Up to $10,000 in fines
If you brandish or discharge a firearm within the corporate limits of a municipality with a population of at least 100,000, you could face the following:
- Class A misdemeanor
- Maximum of one year in jail
- Up to $4,000 in fines
At the Law Offices of Mark T. Lassiter, we understand the overwhelming stress you might be feeling. When you’re facing a possible prison sentence, it could ruin your family, reputation, and future. We will protect your rights and ensure you receive a fair sentence or find a way to get the charges against you dropped or reduced.
What Are the Possible Defenses to Gun Crimes in Dallas?
Even though Texas law restricts gun ownership and possession, viable defenses may still be available if you’re facing a gun charge. For example, since 2016, licensed handgun owners in Texas can openly carry their weapons in many circumstances.
Weapons laws are complex. Sometimes, even the police may not understand them. You may have the right to have the weapon, and the police may have charged you in error. A good defense might involve asking the court to interpret the law properly and correct any misunderstandings associated with the charges you face.
You can also defend yourself based on a lack of proof of the charges against you. Each weapon charge depends on elements that are specific to the charges. For example, the police must show actual possession for most types of weapons offenses. Demonstrating possession is often more complex than the police like to admit. If the firearm is simply near you or someone may have planted it in your car or home, the police may not be able to prove the charges.
The U.S. Constitution may protect you from a weapons charge, so constitutional defenses may apply in your case. In addition to your right to bear arms, you have the right to freedom from unlawful search and seizure under the U.S. Constitution. Your attorney can help you determine if a constitutional defense applies and how to assert your legal rights.
Talk with a Dallas Gun Crimes Defense Lawyer Today
A weapons charge can result in a significant interruption in your life. Don’t take a weapons charge sitting down. You can fight back by mounting the strongest possible defense. Mark T. Lassiter and our legal team have the skills to represent you if you face a weapons charge in the Greater Dallas area.
If you or someone you love faces any weapons-related charge in Dallas, the Law Offices of Mark T. Lassiter can protect your rights throughout the legal process. Call (214) 845-7007 for the aggressive, experienced legal representation you need.
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