Just because the state of Texas has many laws that are favorable to gun owners doesn’t mean that everyone has the right to possess or carry any type of weapon. Texas law restricts who can carry a weapon and in what fashion. Penalties for breaking the state’s laws could include prison time, probation, fines, and a criminal record that will follow you for the rest of your life.
If you’ve been charged with unlawful carrying of a weapon in Houston, you have the right to have the lawyer of your choice represent you. A Houston criminal defense lawyer will work to protect your rights and counter the charges against you.
What Constitutes an Unlawful Weapon Carrying Conviction?
Texas recently changed its laws regarding who can carry a weapon. As of September 2021, almost anyone over the age of 21 years old can carry a weapon in public without a permit or any type of training.
However, you can still be charged with unlawfully carrying a weapon if:
You’re Arrested for Any Offense Other than a Class C Misdemeanor While Carrying
While it’s legal to have a weapon in your car, if you’re pulled over for any offense other than a class C misdemeanor (like DWI in Houston), you could be charged with unlawful carrying of a weapon in addition to the other offense.
You Have a Recent Felony Conviction
As a convicted felon, generally you cannot possess a firearm. However, possessing a firearm in your home is permissible if more than 5 years have passed since the completion of probation, parole, or mandatory supervision. Otherwise, possessing a weapon would constitute felon in possession and could result in a felony charge.
You’ve Been Previously Convicted of Domestic Violence
If you were previously convicted of domestic violence, you cannot possess a firearm within five years of your conviction.
There Is a Restraining or Protective Order Against You
You cannot possess a weapon if there is an active restraining or protective order against you.
You Are Intoxicated
You cannot carry a weapon in public while intoxicated, unless you are on your property or en route to your motor vehicle or watercraft from your property.
Other situations can result in unlawful possession charges than those listed here.
What Our Unlawful Carrying of a Weapon Lawyer Can Do for You
Prosecutors pursue gun charges with everything they have in their arsenal. That’s why it’s so important that you have a lawyer by your side who will fight back to preserve your rights and your freedom.
Our Houston criminal defense legal team will aim for one or more of the following outcomes:
Get Your Charges Reduced
If you were charged with unlawful carrying, you could have been charged with other offenses, too. We could convince the prosecutor or judge and jury to reduce your charges.
For instance, if you were charged with a felony, we could get it reduced to a misdemeanor instead. Doing so could mean the difference between a few months and a few years in jail.
Get Your Case Dismissed
If your case is dismissed, that means the prosecutor decided not to move forward. This could happen if:
- There was not probable cause to arrest you
- There was not probable cause to search you
- A search was performed in violation of the law
- Your Fourth Amendment rights were violated.
- There isn’t a compelling case against you.
Get Your Case/Charges Dropped
A case being dropped isn’t the correct way to say it, but lots of people do so we included it in this list.
Get a “Not Guilty” Verdict
If we cannot get your charges dropped or dismissed before trial, we will fight for a not guilty verdict.
Blass Law Has a History of Successful Outcomes With Weapons Charge Cases
Here are some of the positive outcomes we’ve secured for previous clients:
A Dismissal of a Unlawful Carrying Case
The police arrested our client after a traffic stop for speeding. Officers smelled marijuana and conducted a search. Two pounds of marijuana was found in addition to a Daniel Defense AR-15 and Kimber Custom II .45 pistol.
We were able to get this case dismissed and the firearms returned to the owner.
A Dismissal of a Multi-Offense Case
The police apprehended our client when he was weaving in and out of lanes of traffic. Not only was he suspected of drunk driving, but he had a gun in the vehicle. He faced charges for a second DWI, resisting arrest, and unlawful carrying of a weapon.
We were able to get his case dismissed by the Harris County court system.
A Dismissal of a Criminal Trespass Case
Our client was spotted on his former school’s campus with a gun after he was previously suspended for having a gun. We aimed for a dismissal, and that’s exactly what we got.
A Jury Found Our Client “Not Guilty” for a Murder Charge
Our client was accused of shooting a truck driver who was doubling as a DEA informant. We took the case to trial and got our client cleared of any charges.
What Should I Do While Considering My Legal Options?
As you consider partnering with an unlawful carrying of a weapon lawyer in Houston, these measures could secure a positive outcome:
- Stay out of trouble. You want to show the court that you’re a good citizen. If you get arrested for other crimes while your case is pending, this could complicate matters.
- Limit what you share online. As tempting as it may be to share your story online, you shouldn’t. Anything you say (or share online) can and will be twisted and used against you.
- Only share information with your lawyer. Even if you and your friends were arrested for the same crime, you shouldn’t share anything about your particular case with them. Only you and your lawyer should know your case’s intricate details.
We Fight to Keep the Innocent Innocent
Prosecutors pursue gun charges with everything in their arsenals. That’s why you want to hire the best lawyer you can find, that’s us. Our unlawful carrying of a weapon lawyer in Houston will seek the best results for your case.
To learn more about how our law team can serve you, call (713) 664-4000.