If you’re facing gun charges in Fort Worth, TX, the road ahead may seem overwhelming. Criminal offenses related to firearm charges can lead to serious consequences, including jail time. An experienced criminal defense lawyer will focus on protecting your rights and building a strong defense strategy on your behalf.
Understanding local laws and regulations in Fort Worth, Texas, is essential for effective legal representation, and our firm is here to help. Contact Cofer Luster Criminal Defense Lawyers today at (682) 777-3336 to schedule a free consultation with a Fort Worth gun charges lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Arrested For Gun Charges
If you’ve been arrested and are facing gun charges in Fort Worth, TX, it’s absolutely critical to work with a defense lawyer. Our firm is here for you. Here’s how we can assist:
- We thoroughly analyze the details of your case to identify legal discrepancies and build a strong defense strategy. This will be based on what you tell us as well as evidence from the prosecutor and evidence we uncover through our own independent investigation.
- Our experienced attorneys will negotiate with the prosecutor to obtain a plea deal that can lead to a reduction in charges or a lenient sentence.
- If the prosecutor doesn’t offer a reasonable deal or you aren’t interested in one, we are prepared to take your case to trial. We will never pressure you to plead guilty.
For help with gun charges in Fort Worth, Texas, contact Cofer Luster Criminal Defense Lawyers today to schedule a free consultation with a Fort Worth criminal defense attorney.
Overview of Gun Charges in Texas
Facing gun charges in Texas can be a daunting and complex experience. Understanding the specific laws and potential consequences is essential for anyone charged with a gun-related offense in the state.
Unlawful Possession of a Firearm in Texas
Texas law strictly regulates who may carry a handgun and under what circumstances. According to Texas Penal Code Sec. 46.02, it is illegal for certain individuals to carry a handgun, particularly if they are under 21 years old or have a prior conviction that prohibits firearm possession. The law also restricts carrying a handgun visibly in public unless it is properly holstered. Additionally, it is illegal to carry a firearm while intoxicated.
Under Texas law, certain individuals face strict limitations on both possessing and purchasing firearms:
- Firearm restrictions after felony conviction: Those convicted of a felony are prohibited from possessing firearms in any setting—public or private—for five years after completing their sentence, which includes any period on parole or community supervision. After this five-year period, firearm possession is allowed only within the individual’s residence.
- Restrictions following assault-family violence convictions: Texas imposes severe restrictions on firearm possession for individuals convicted of assault involving domestic violence. Such individuals cannot legally carry a gun for five years after completing their sentence.
Moreover, anyone with an active restraining order against them is also prohibited from carrying a firearm while the order remains in effect. Staying informed about these restrictions is crucial to ensure compliance with Texas state firearm laws.
Making a Firearm Accessible to a Child
In Texas, you can be charged with a crime if a child has access to a loaded and readily dischargeable firearm because you were criminally negligent. This typically happens if you don’t secure the gun properly or leave it somewhere that a child could easily reach. For purposes of this Texas law, a child is anyone under 17 years old.
A readily dischargeable firearm is defined as any gun that’s loaded with ammunition. Even if the chamber is empty, but the gun is loaded, it fits this definition. To secure a firearm means taking reasonable steps to keep it out of a child’s hands. You can do this by storing the gun in a locked container or using a trigger lock.
Taking these precautions helps you and your family stay safe and obey the law.
What Are the Penalties For Gun Charges in Fort Worth, Texas?
Possessing a firearm unlawfully in Texas can lead to significant legal penalties and repercussions. Below is an overview:
Penalty for Unlawful Possession
In Texas, having a firearm unlawfully is generally considered a Class A misdemeanor. If convicted, you might face up to one year in jail along with a fine of up to $4,000. The punishment gets tougher if you’re caught with a firearm in places where they are strictly prohibited, like schools or government buildings. Also, if you have a prior felony conviction, the charge is increased to a third-degree felony. This can lead to 10 years in prison and fines reaching $10,000.
If your case involves a breach of federal gun laws, additional federal charges might apply. This is especially true for convicted felons who carry firearms. Federal penalties can be much more serious, resulting in extended prison time. It’s important to be aware of both state and federal regulations to manage your situation better.
Penalties for Minors Accessing Firearm Offenses
Typically, if you’re found violating firearm storage laws, it’s classified as a Class C misdemeanor. This offense might result in a fine of up to $500. It’s a good idea to comply with all safety regulations to avoid these penalties.
The situation becomes much more severe if a child gains access to a firearm and someone gets hurt or is killed. In these cases, the charge escalates to a Class A misdemeanor. You could face fines reaching $4,000, along with the possibility of spending up to a year in jail.
Understanding these legal consequences of firearm laws is essential for anyone living in Texas.
What Defenses Can Be Raised If I’m Arrested For Gun Charges?
Being arrested for gun charges can be a stressful experience, but knowing your legal defenses is helpful so you know what to expect going forward. Below are some of the most common defenses to gun charges:
Innocence
One of the most straightforward defenses is proving that you did not commit the crime. This could be true if the firearm wasn’t yours or you were not actually in possession at the time of your arrest.
Lack of Knowledge
In some cases, you might be unaware that a prohibited item was in your possession. If you did not know about the firearm or if it was placed with your belongings without your knowledge, this lack of awareness can form a legitimate defense.
Illegal Search and Seizure
Your Fourth Amendment rights protect you from unreasonable searches and seizures. If law enforcement obtained the firearm through an illegal search, the evidence might be inadmissible in court. Contesting how the search was conducted could help your case, even leading to all charges being dropped in some cases.
Facing gun charges can be overwhelming, but you have legal rights and defenses available to you. Speaking with a criminal defense lawyer will help you determine the best action to take going forward.
Facing a gun charge in Texas is an overwhelming experience that can sometimes lead to serious penalties. If you find yourself in this position, it’s important to reach out to a criminal defense lawyer as soon as possible. They can help explain the charges to you as well as the possible penalties you face. They can also help you build a solid legal defense to protect your freedom. Contact Cofer Luster Criminal Defense Lawyers today to schedule a free consultation with a Fort Worth gun charges lawyer.
