Weapons offenses in Texas encompass a variety of activities prohibited by state law. Common examples include:
- Unlawful carrying: Possessing a weapon in places prohibited by law, even if you own the weapon legally. This could include a school or school sponsored event.
- Possession of prohibited weapons: Owning or controlling weapons banned by state law, such as machine guns or short-barrel firearms.
- Improper exhibition: Displaying a weapon in a threatening or public manner that could cause alarm.
Each of these charges requires the state prove certain elements to establish their case. For instance, for a charge of unlawful carrying, the prosecution must generally prove that the accused knowingly carried the weapon in a place prohibited by state law.
What happens if the state builds a successful case?
The penalties for weapons charges in Texas can be severe and vary based on the specifics of the offense. A misdemeanor offense can result in financial penalties as well as community service and possible time in jail while more serious felony charges can lead to longer prison sentences and a higher financial penalty as well as lifelong consequences, such as loss of the right to own firearms or vote.
What should I do if I or a loved one faces allegations of a weapons offense in Texas?
Building a defense against weapons charges in Texas requires a strategic approach tailored to the specifics of your case. Effective defense tactics may include:
- Challenging the legality of a search and seizure: If police officers discovered the weapon during an illegal search, the court may exclude the evidence.
- Arguing lack of knowledge: Demonstrating that you were unaware of possessing the weapon or its characteristics that made it illegal.
- Providing proof of valid permits or exceptions: Showing that you had a legal permit for the weapon or that your possession fell under an exception to the law.
It is important for those who face weapons charges to understand the nature of the charges and the possible penalties. Equally important is crafting an effective defense strategy that addresses the specific circumstances of your case.