Defend Your Constitutional Rights
Laredo Gun Charge Attorney
Defend Your Rights with a Gun Charge Lawyer in Laredo
Gun charges in Texas are no laughing matter. They come with severe and often lifelong consequences for personal freedoms ranging from the revocation of your constitutional rights to years spent in state and federal prisons.
If you or a loved one are facing gun charges of any kind in Texas, you need to find a dedicated gun charge attorney in Laredo to defend your rights before it is too late. A winning gun charge lawyer can help ensure that your rights are protected and your freedom is advocated for in front of a judge or jury, giving you the best possible shot at walking away with your freedom intact.
Javier Guzman, winning federal criminal attorney and relentless defender of his clients’ rights, is here to talk all things gun charges. Keep reading to find out about the different types of gun charges in Texas, their potential penalties, and how a gun charge attorney can help your case, or call Guzman Law Firm today at (956) 516-7198 to set up a consultation and take the first step towards building a relentless defense.
What is the most common gun charge?
While the most common gun charge in Texas is unlawful possession of a firearm, usually possession of a firearm by someone who is prohibited from possessing one, there are a number of common gun charges in Texas.
Weapons charges are found in Texas Penal Code § 46, under Title 10, Offenses Against Public Health, Safety, and Morals. While the section on weapons offenses is very long and contains a multitude of weapons offenses, most of these offenses fall into the following categories.
Unlawful possession of a firearm
Unlawful possession of a firearm is itself an umbrella term that encompasses a range of situations, including:
- Possession of a firearm by those whom the state prohibits
- Possession of illegal firearms
- Possession of otherwise legal firearms in prohibited locations such as schools or government buildings
Texas law prohibits a few types of people from possessing firearms, including convicted felons, individuals subject to certain protective orders, and those with certain mental health adjudications.
Unlawful discharge of a firearm
Another common gun charge in Texas is the unlawful discharge of a firearm. A person commits an unlawful discharge offense by firing a gun in a manner that endangers other people or property, often by discharging a firearm within city limits or in an otherwise reckless manner.
Unlawful discharge charges can vary in severity depending on the individual circumstances of the case but always result in serious consequences, often including lengthy jail sentences on top of hefty fines and probation periods.
Trafficking of firearms
Trafficking of firearms is the most severe type of gun charge you can get in Texas and is distinct from most other gun charges in that it can result in life-altering charges in both state and federal courts. A person commits a trafficking offense, sometimes called firearm smuggling, when they participate in any way in the illegal sale, transfer, or distribution of firearms.
Does Texas automatically restore gun rights?
Texas does not automatically restore gun rights for felons or those otherwise prohibited from gun ownership.
A convicted felon may possess a firearm after five years have elapsed from either the day that their sentence has been served or the day that their parole has ended, whichever occurs later — but they cannot take this firearm from their residence under any circumstances.
The only way for a felon to regain their full rights to possess a firearm in Texas is to apply to the Texas Board of Pardons and Paroles for full pardons for all crimes that they have been convicted of, and this is very unlikely.
This is why, if you plan on retaining your constitutional right to carry, you need to make sure that you are not convicted in the first place by working with an aggressive and experienced criminal attorney in Laredo who can help you find justice.
Punishments for gun charges in Texas
Sentences for gun charges in Texas vary significantly based on the specific type of offense and the circumstances surrounding it. While misdemeanor gun charges can still see your right to carry taken away, felony gun charges are much more severe and generally come with lengthy prison sentences.
Offense | Charge | Maximum Fine | Jail Time |
Unlawful possession of a firearm | Class A misdemeanor | $4,000 | Up to 1 year |
Unlawful carrying of a weapon | Class A misdemeanor | $4,000 | Up to 1 year |
Possession of an illegal weapon | Misdemeanor or felony | $10,000 | 180 days – 10 years in prison |
Possession of a stolen weapon | State jail felony | $10,000 | 180 days – 2 years |
Unlawful purchase or sale of a weapon | Class A misdemeanor | $4,000 | Up to 1 year |
Using a weapon in the commission of a crime | Misdemeanor or felony | $10,000 | Up to life in prison |
In the case of using a weapon during the commission of a crime, as well as possession of an illegal or illegally modified weapon, the charges can vary heavily depending on the circumstances of your case, ranging from misdemeanor charges to felonies that can put you away for years.
What firearms are illegal in Texas?
According to Penal Code § 46.05, a person commits an illegal weapons offense if they intentionally or knowingly possess, manufacture, transport, repair, or sell:
- Explosive weapons
- Machine guns
- Short-barrel firearms
- Armor-piercing ammunition
- Chemical dispensing devices
- Zip guns
- Tire deflation devices
- Improvised explosive devices
Remember that not all Texas banned guns are made equally. Being caught with some of the weapons on the above list will have you facing a common misdemeanor charge, while others can mean facing up to ten years in prison.
How a gun rights attorney in Texas can help your case
You won’t get very far in trying to fight a gun charge without a skilled gun charge attorney. Your trusted attorney can not only help build your defense, but can help make sure that your rights are always protected, and that the prosecution is always held to the highest standard of the law in trying to build their case against you. Some common defenses to common gun charges in Texas include:
- Arguing unlawful search and seizure or violation of rights
- Claiming that you were transporting a weapon, rather than carrying or possessing it
- Arguing that you did not brandish your weapon with intent or malice, or that any perceived threat was incidental
- Asserting that you discharged your weapon accidentally
The actual defense to your case will depend on what type of gun charge you are facing and the circumstances of your unique situation — but whatever those circumstances, you will need a skilled attorney to protect you in a court of law, where prosecutors will be doing everything that they can to bring about a conviction, put you away, and strip away your Second Amendment rights.
Contact the Laredo gun charge attorneys at Guzman Law Firm today
Give yourself a chance by hiring a winning gun charge attorney in Laredo who can advocate on your behalf and build you an iron defense. Only an experienced attorney will be able to investigate the circumstances surrounding your gun charge and identify the defense that will best protect your freedom.
Whether you’re facing gun charges, charges for harboring illegal immigrants in Texas, or are looking for a trusted aggravated assault attorney in Laredo, Javier Guzman is your man. Javier has made a name for himself by taking high-stakes cases to court for his clients facing serious criminal charges in Laredo.
If you or a loved one needs a relentless and compassionate attorney to protect you during this time, call Guzman Law Firm today at (956) 516-7198 or contact us online to schedule a consultation.
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