Arrested for Illegal Weapon or Firearm Possession?
Call Texas Gun Charge Lawyer Jack B. Carroll for help.
In Houston, criminal offenses involving weapons or firearms are harshly prosecuted warranting an in-depth review of the facts by the criminal defense lawyer representing you on your case. If you’re represented by Jack B. Carroll & Associates, you can not only expect our legal team to comb through the facts & the evidence, but that we’ll also bring in an experienced private investigator for an independent review.
Some of the offenses involving illegal possession of weapons that can garner criminal charges in the State of Texas are…
- illegally carrying a firearm,
- unsafely discharging a gun,
- brandishing, firing, or making threats using a weapon,
- using a weapon during the act of another criminal offense.
It’s easy to be saddled with a felony charge when there’s a firearm involved.
Although the Harris County District Attorney’s Office militantly prosecutes weapon and firearm offenses in Houston, not all those cases are felonies nor should they be prosecuted as such. It’s not like we don’t have a 2nd Amendment which bars government from infringing on our rights to bear arms, but that’s a topic for another day.
For this reason, when a law enforcement agency arrests you and accuses you of a criminal offense involving a weapon, you should get your criminal defense lawyer involved as soon as you bond out, or before you are released from jail if possible.
Why? The lawyer working on your defense will need to comb through any Houston Police Department reports, criminal allegations, and evidence.
Weapons Declared Illegal By The State of Texas
Although non-firearm weapons may be easily overlooked, there’s more to weapons than guns as far as the Texas Penal Code is concerned. You could be arrested and charged with a weapon offense by using (or misusing) anything from a tomahawk, spear, or sword, to tire deflation devices.
For more information as it relates to weapon laws in Texas, visit the link below.
Texas Penal Code Title 10 Chapter 46 – Weapons
The Texas Penal Code orders numerous weapons illegal; however, in some cases, antiques and other select weapons may be allowed or exempted.
In the spirit of clarity, we’ve listed some weapons or forms of weaponry that are definitely illegal.
- 3rd Degree Felony – Make-shift pistols which are often referred to as zip guns.
- Misdemeanor – Switchblades and Brass Knuckles, Night sticks, Black Jacks, Swords, Spears, Bowie Knives, Knives w/blades over 5 1/2″.
- Misdemeanor – Selling or giving a firearm to a convicted felon or an intoxicated person.
- 3rd Degree Felony – Sawed-off shotguns (Shotguns with barrels measuring less than 18″ in length), Rifles with barrels measuring less than 16″ in length, any rifle or shotgun modified to measure less than 26″ in length.
- 3rd Degree Felony – Machine Guns
- 3rd Degree Felony – Rockets, Rocket Launchers, Plastic Explosives, Bazookas, Grenades, Bombs, and other explosive weapons.
- 3rd Degree Felony & Misdemeanors – You can also be charged for giving illegal weapons, explosives, or firearms to another party, or allowing access to minors (if someone is killed), or illegally giving someone a legally owned weapon or firearm.
Criminal Penalties
- Class A Misdemeanor – Up to 1 year county time, and fines up to 4,000.00.
- 3rd Degree Felony – 2 – 10 years TDCJ and fines up to 10,000.00.
Keep in mind that it’s also illegal to possess a firearm if you were convicted of any felony or misdemeanor domestic violence crime for at least five years after you completed any prison sentence and probationary period associated with the case. For more information, schedule a confidential consultation with a criminal defense lawyer to learn more about your legal options.
Arrested for a Gun-Related Offense in Houston?
Contact Houston Criminal Lawyer Jack B. Carroll today!
QUICK TIP: A concealed carry license isn’t required to lawfully possess a firearm.
Criminal penalties in weapon cases are usually determined by the usage of the firearm, and the location of the person with the arm. (Example: schools or a place where alcohol is being sold).
There are even different sets of criminal laws related to possessing a firearm during the commission of a non-violent criminal act. An example of this is being caught with a firearm while also being found in possession of a small amount of cocaine or marijuana. If you’re in a situation like this or know someone who is, Houston criminal defense lawyer Jack B. Carroll is here to help.
The experience of criminal prosecution, arrest, and being accused of a criminal offense in Houston is not a pleasant experience by any stretch of the imagination. Any hardened felon or criminal defense lawyer in Houston will tell you this.
If you’re facing an upcoming battle with the State of Texas, use the contact page or call 713-228-4607 to reach our legal team. You’ll benefit by securing legal representation from an experienced, Texas Board Certified criminal defense lawyer like Jack B. Carroll.