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Lawyer for Gun Trafficking Charges in Texas
Lawyer for Gun Trafficking Charges in Texas
The moment you’re charged with gun trafficking in Texas, you need to contact a skilled Laredo gun charge lawyer. The penalties for gun trafficking charges are severe: lengthy prison sentences, hefty fines, and a permanent criminal record that can haunt you for life. Your freedom, career, and reputation hang in the balance. Even if you’re just under investigation, because investigations more often than not turn into charges, you need to make sure you’re prepared.
In these critical moments, you need more than just a lawyer — you need a dedicated advocate who understands the intricacies of gun trafficking laws and knows how to operate within the complex federal court system. That’s where Javier Guzman, founding attorney of Guzman Law Firm, comes in.
As a seasoned federal criminal defense lawyer, Javier has successfully defended clients against serious charges like yours. He brings a wealth of experience, a deep understanding of both state and federal firearms laws, and a relentless commitment to protecting your rights.
Your future depends on the actions you take now. Call Guzman Law Firm today at (956) 516-7198 to schedule your confidential consultation and put a powerful defender on your side.
What is gun trafficking?
Gun trafficking in Texas, commonly referenced as firearms smuggling, refers to the illegal manufacturing, distribution, or sale of firearms. This includes smuggling weapons across borders, selling without proper licensing, or dealing in stolen guns.
Under Texas Penal Code Section 46.14, firearms smuggling is committed when a person knowingly transports or transfers a firearm acquired unlawfully. This can involve bringing guns into the state for illegal sale or moving them within the state for unlawful distribution.
What is a federal gun trafficking charge?
Is gun trafficking a federal offense? Yes, gun trafficking is also a federal crime. The federal government takes a particularly harsh stance on firearms offenses that cross state lines or involve multiple jurisdictions.
Under federal law, gun trafficking can be prosecuted under various statutes, including the Gun Control Act and the National Firearms Act. Federal charges often carry even more severe penalties than state charges, potentially resulting in decades of imprisonment and substantial fines.
What guns are illegal in the state of Texas?
Texas law prohibits the possession, manufacture, transport, repair, or sale of certain weapons. According to Texas Penal Code § 46.05, illegal weapons include:
- Explosive weapons
- Machine guns
- Short-barrel firearms (shotguns with a barrel length less than 18 inches or overall length less than 26 inches, rifles with a barrel length less than 16 inches or overall length less than 26 inches)
- Firearm silencers (unless registered with the federal government)
- Armor-piercing ammunition
- Chemical dispensing devices (other than small chemical dispensers sold commercially for personal protection)
- Zip guns
- Tire deflation devices
- Improvised explosive devices
It’s important to note that some of these weapons may be legally owned with proper federal licensing and registration. However, possession without the required permits is a serious offense in Texas — and sale of these weapons is even more serious.
Penalties for possessing prohibited weapons can be severe, ranging from Class A misdemeanors to third-degree felonies, depending on the specific weapon and circumstances. If you’re facing charges related to illegal firearms, contact Guzman Law Firm immediately.
What is the sentence for a gun charge in Texas?
Sentences for gun charges in Texas can vary widely depending on the specific offense, circumstances, and the defendant’s criminal history.
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 |
Firearm smuggling | Third-degree felony | $10,000 | 2 – 10 years in prison |
It’s important to note that the actual sentence can be influenced by various factors, including:
- Prior convictions
- The specific circumstances of the offense
- Whether the case is prosecuted at the state or federal level
Additionally, selling firearms in Texas without proper licensing or engaging in illegal firearms transactions can lead to severe federal charges with even harsher penalties.
Given the complexity of gun laws and the potentially severe consequences, it’s essential to consult with an experienced criminal lawyer in Laredo, TX if you’re facing any type of gun charge in Texas.
How can a skilled gun trafficking defense attorney help?
When facing gun trafficking charges in Texas, having an experienced defense attorney like Javier Guzman on your side can make a pivotal difference in the outcome of your case. Here’s how Guzman Law Firm can help:
- Case evaluation: A thorough review of your case to identify weaknesses in the prosecution’s evidence and potential violations of your rights.
- Strategic defense: Developing a tailored defense strategy based on the specifics of your case and applicable laws.
- Negotiation: Engaging with prosecutors to potentially reduce charges or negotiate plea deals when appropriate.
- Constitutional rights protection: Ensuring your Fourth Amendment rights against unreasonable searches and seizures were not violated during the investigation.
- Evidence scrutiny: Challenging the admissibility of evidence and questioning the credibility of witnesses.
We can navigate complex federal and state laws, represent you in court proceedings, protect your rights during questioning, and appeal unfavorable decisions.
Without a lawyer, you risk facing the severe consequences often imposed by the criminal justice system alone. After serving a lengthy prison sentence, you will find that returning to society a felon will seriously affect your future employment opportunities, personal and professional reputation, and any custody agreements you may have.
Potential defenses against gun trafficking charges
A skilled defense attorney can employ various strategies to challenge gun trafficking charges in Texas. Here are some potential defenses that may be applicable to your case:
- Lack of knowledge: This defense argues that you were unaware the firearms were illegally acquired or transported. For instance, if you were transporting guns for someone else and genuinely believed they were legally owned, this could be a valid defense.
- Absence of intent: To prove gun trafficking, prosecutors must show that you intended to engage in illegal firearms transactions. If you can demonstrate that your actions were not intended to violate the law, this could be a strong defense.
- Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, this could be grounds for an entrapment defense. This is particularly relevant in cases involving undercover operations.
- Illegal search and seizure: The Fourth Amendment protects against unreasonable searches and seizures. If the firearms were discovered during an illegal search of your property or vehicle, your attorney could file a motion to suppress this evidence.
- Mistaken identity: In some cases, you may have been wrongly identified as the person involved in the alleged trafficking. Your lawyer can work to prove that you were not the individual who committed the offense.
- Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. Your attorney can challenge the sufficiency of the evidence, potentially leading to dismissed or reduced charges.
- Duress: If you were forced to participate in gun trafficking under threat of harm to yourself or others, this could serve as a defense.
- Violation of due process: If your constitutional rights were violated at any point during the arrest or investigation, your attorney could argue for dismissal of the charges.
- Lack of possession: In cases where you’re charged with possessing illegal firearms, your lawyer may argue that you did not have actual or constructive possession of the weapons.
Remember, the applicability and effectiveness of these defenses depend on the specific circumstances of your case. An experienced gun trafficking defense attorney like Javier Guzman can evaluate your situation and determine the most appropriate defense strategy.
Facing gun trafficking charges? Contact Guzman Law Firm today!
The consequences of gun trafficking charges in Texas are too severe to face alone. Javier Guzman and the team at Guzman Law Firm have the experience, knowledge, and dedication to fight for your rights and freedom.
Time is critical in these cases. Every moment you wait could impact your defense. With our track record of success and commitment to our clients, we’re ready to stand by your side and fight for the best possible outcome. Don’t just take our word for it — read what our clients have to say in our testimonials.
Your freedom may depend on the actions you take right now. Call Guzman Law Firm today at (956) 516-7198 to schedule your consultation and let us put our experience to work for you.
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