Gun Crime and Weapons Offense Attorneys in Dallas

Have Dallas police arrested you for weapons or gun crimes? Many weapons offenses impose significant penalties in the event of conviction, making it critical to have knowledgeable legal representation to protect your rights and interests when facing the criminal justice system. Contact Design 8 today for an initial case evaluation with a dedicated weapons or gun charge defense lawyer to pursue a favorable resolution to your charges.

Do I Need a Firearms Charges Defense Lawyer?

When facing prosecution for a weapons offense in Dallas, having a criminal defense lawyer on your side can help you obtain the best possible resolution under the circumstances of your case. At Design 8, our legal team will fight to protect your freedom and future by:

• Independently investigating your case to ensure we have all available facts and evidence
• Reviewing the details of your case to evaluate potential defenses and case strategies
• Ensuring you understand your charges and the potential outcomes so you can make informed decisions about how to proceed in your case
• Vigorously contesting the prosecution’s case, including seeking to exclude unlawfully obtained evidence or reduce or dismiss your charges for lack of evidence
• Fighting as hard as possible for the best outcome under the circumstances, even when that means going to trial

Why Choose an Attorney from Design 8?

After an arrest on weapons charges in Dallas, you may face life-altering consequences in the event of a conviction. As a result, your choice of legal representation can have a significant effect on the outcome of your case and your future. Turn to an experienced criminal defense lawyer from Design 8 to advocate for you because:

• Our attorneys have earned a reputation for in-depth preparation, vigorous advocacy, and stellar client service.
• We tailored our legal strategy to each client’s case, needs, concerns, and goals.
• You will work directly with an experienced defense attorney who will listen to your story, help you understand your options, and craft a persuasive case to help you seek the best possible outcome.
• Our legal team will utilize its extensive knowledge and background in litigation to safeguard your rights, freedom, and reputation. 

Understanding Weapons/Gun Charges in Dallas

Texas criminal law encompasses various offenses related to weapons and firearms. At Design 8, our defense attorneys can help you after prosecutors have charged you with crimes such as:

Unlawful Carrying of Weapons

In Texas, it’s illegal to carry a handgun if you are under 21 or have been convicted in the past five years of assault, deadly conduct, making terroristic threats, or using a gun in public – and you’re not at home, in your vehicle, or heading directly to it.

A person can also break the law in Texas by carrying a handgun in their car or boat if:

• The gun is in plain view and not in a holster (unless they’re 21 or older or have a license to carry)
• They are doing something illegal beyond a simple traffic or boating ticket
• They are not allowed to have a gun under the law

In Texas, it’s also illegal for anyone under 18 to carry a location-restricted knife unless they are at home, traveling to or from their car or boat, or being directly supervised by a parent or legal guardian.

It’s also illegal to carry a handgun openly in public unless it’s in a holster, even if part of the gun can be seen.

Finally, it’s against the law to carry a handgun while intoxicated unless you’re at home, on private property with permission, or in a car or boat you own or have permission to be in.

Unlawful carrying of weapons typically constitutes a Class A misdemeanor punishable by up to one year in jail, a fine of up to $4,000, or both. However, unlawfully carrying a location-restricted knife constitutes a Class C misdemeanor that imposes a fine of up to $500. Furthermore, unlawfully carrying a handgun while prohibited from possessing a firearm under a protection order or after a Class A misdemeanor domestic violence conviction commits a third-degree felony, imposing a sentence of two to 10 years in prison. Carrying a handgun while prohibited from possessing a firearm due to a felony conviction is a second-degree felony punishable by a sentence of five to 20 years.

Carrying Weapons in Prohibited Places

Texas law prohibits individuals from intentionally, knowingly, or recklessly carrying a firearm, location-restricted knife, club, or other prohibited weapons in certain places, including:

• On the premises or in the passenger vehicle of a school or post-secondary educational institution, except according to written regulations or written authorization from the school or while possessing a concealed handgun under license
• On the premises of a polling place on election day or during early voting
• On the premises of the courts, except according to written regulations or written authorization of the court
• At a racetrack
• In the secured area of an airport
• Within 1,000 feet of a place of execution on the day that the Department of Criminal Justice imposes a death sentence
• On the premises of a business that has an alcohol or permit license, if the business derives a majority of its income from the sale of alcoholic beverages for on-premises consumption
• On the premises of a high school, collegiate, or professional sporting event or interscholastic event, unless the person uses the weapon to participate in such event
• At a correctional or civil commitment facility
• At a hospital or mental health institution
• At an amusement park
• In an open meeting room of a governmental entity

An offense normally constitutes a third-degree felony but can become a Class A or C misdemeanor for specific locations. 

Unlawful Carrying of a Handgun by a License Holder

A license holder commits a crime if they carry a handgun and intentionally display it in plain view of another person in a public place, except when carrying the handgun in a holster. 

Unlawful Possession of a Firearm

A person may not lawfully possess a firearm following a felony or Class A misdemeanor domestic violence conviction until the fifth anniversary of their release from incarceration, supervision, or parole. A member of a criminal street gang may not lawfully possess a handgun in a motor vehicle or watercraft. Finally, a person may not lawfully possess a firearm while subject to a protection order.

Possessing a firearm while prohibited after a felony or Class A misdemeanor domestic violence conviction constitutes a third-degree felony. Otherwise, the offense becomes a Class A misdemeanor. 

Possession, Manufacture, Transport, or Sale of Prohibited Weapons

Texas law prohibits intentionally or knowingly possessing, manufacturing, transporting, or selling prohibited weapons unless registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prohibited weapons include:

• Explosive weapons
• Machine guns
• Short-barrel firearms
• Armor-piercing ammunition
• Chemical dispensing devices
• Zip guns
• Tire deflation devices
• Improvised explosive devices

An offense constitutes a third-degree felony. 

Unlawful Transfer of Certain Weapons

A person commits a crime if they sell, rent, lease, loan, or give a handgun to:

• Someone they know intends to use it unlawfully
• A minor
• An intoxicated person
• A prohibited person

A person can also commit an offense by knowingly making a false material statement on a form required to purchase, sell, or transfer firearms. 

Frequently Asked Questions About Weapons/Gun Charges

Some of the common questions that clients facing weapons or gun charges in Dallas have include: 

Will I have to go to jail or prison for a weapons/gun charge?

Weapons offenses in Texas can impose lengthy jail or prison terms. However, a court may choose to impose probation instead of incarceration depending on a defendant’s criminal history and the nature or severity of their weapons offense. 

What defenses could I raise against a weapons charge?

Many weapons criminal statutes under Texas law provide defenses to prosecution for those offenses. Other common defenses against weapons or firearm charges include:

• Lack of Possession – Defendants facing weapon charges may argue that the prosecution’s case fails to prove they had actual or constructive possession of the weapon.
• Mistaken Identity – A defendant may assert that a victim or witness has mistakenly identified them as the person who committed the weapons offense.
• Lack of Intent – Many weapons offenses require a defendant to have acted with a certain degree of criminal intent. Defendants may argue they did not act with the level of intent required by the offense.
• Unlawful Search and Seizure ­– A defendant may file motions to exclude a seized weapon from the prosecution’s case, arguing that police recovered the weapon through an unlawful search that lacked a warrant or probable cause.

 What steps should I take after an arrest on gun charges?

 Following an arrest on weapons charges, you can best protect your rights and interests by invoking your right to remain silent, refraining from talking to the police about your charges, and asking to speak to a criminal defense attorney as soon as possible.  

Contact a Criminal Defense Lawyer Today

After a weapons-related arrest in Texas, you need experienced legal advocacy to protect your rights and interests. Call Design 8 today at 214-764-5535 today for a confidential consultation with a weapons crimes defense attorney to discuss your options for pursuing a favorable resolution to your charges.