Austin Weapons Charges Attorneys

Defending Against Gun & Other Weapons Charges in Travis County

Although Texas is a gun-friendly state, it is still fairly easy to find yourself facing weapons charges. People with prior felony convictions, recent convictions for certain misdemeanors, or who are subject to active protective (restraining) orders are restricted from carrying or possessing certain types of firearms, such as handguns, even though the state does not generally require licenses to carry (LTC). 

At Smith & Vinson Law Firm, we have the knowledge and the resources to handle all types of gun charges. Let Austin weapon charge lawyers Jarrod Smith and Brad Vinson fight for you.

The state of Texas aggressively prosecutes weapons cases. This is why you need to mount an aggressive defense. At Smith & Vinson Law Firm, we have the knowledge and the resources to handle all types of gun charges. Our Austin weapons charges attorneys represent clients accused of weapons charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto, and all around the Central Texas area.

Contact our team today to get started with a free consultation: (512) 359-3743. Our experienced Austin weapons charge attorneys can help.

Do You Need a License to Own or Carry a Gun in Texas?

Texas generally does not require a license or permit to purchase or own a firearm. However, there are specific licenses or permits required for certain activities related to firearms. 

Here are some key points regarding firearm regulations in Texas:

• Purchase of Firearms: In Texas, there is no state requirement for a license to purchase a handgun or long gun (such as a rifle or shotgun). However, federal background checks are conducted for all firearm purchases through a licensed dealer.
• Carrying Handguns: Texas issues licenses for the concealed carry of handguns. The license is issued by the Texas Department of Public Safety (DPS). It's important to note that open carry of handguns without a license is generally permitted in public as long as certain criteria are met.
• Long Guns: There is no license or permit required to openly carry a long gun, such as a rifle or shotgun, in public places in Texas.
• Private Sales: Texas law allows for the private sale of firearms between individuals without the need for a background check. However, it is recommended to exercise caution and prudence in private sales to ensure compliance with the law.
• Background Checks: Federal law requires a background check for all firearm purchases from licensed dealers, including at gun shows.

Some people are restricted from purchasing, owning, or carrying a firearm at all in the state of Texas. This includes people who have been convicted of felonies, as well as certain domestic violence-related misdemeanors. 

Common Types of Weapon Charges in Texas

Although Texas’s gun laws are generally weaker than federal ones, there are many weapons-related offenses prosecuted by the state. 

Some of the most common weapon-related offenses in Texas include:

• Illegally possessing or carrying a weapon
  • Unlawful possession of a weapon
  • Felon in possession of a weapon
  • Unlawful possession in a weapons-free zone
• Unlawfully selling a weapon
• Improperly discharging a gun
• Using a weapon in the commission of a crime
  • Threat with a deadly weapon
  • Assault with a deadly weapon
  • Aggravated assault

How Are Weapons Crimes Charged? 

The nature of the alleged offense, as well as other factors, such as whether the defendant has a criminal record, affect how weapons-related crimes are charged in Texas.

Examples include: 

• It is a Class A misdemeanor to possess a switchblade, knife, or brass knuckles.
• It is a third-degree felony to possess any other prohibited weapon. 
• It is a Class A misdemeanor to give or sell a gun to a person who isn’t allowed to have one.
• It is a Class C misdemeanor to leave a loaded gun where a child can access it.
• It is a Class A misdemeanor to illegally carry a weapon without a license.
• It is a third-degree felony to illegally carry a weapon without a license at a polling place on election day, a court, a school, or a racetrack.
• Even if you have a license, it is a Class A misdemeanor to carry a weapon at a church, hospital, amusement park, a government meeting, or a sporting event.
• It is always a third-degree felony to carry a weapon at a business licensed to sell alcohol where at least 51% of their money comes from the sale of alcohol. 
• It is a Class B misdemeanor to fire a gun in public. If you do so within the city limits of a city or town that has a population of 100,000 or more, it is a Class A misdemeanor. 
• It is a first-degree felony to use a gun (whether you fire it or not) during the commission of a violent crime. 

If you are facing a weapons charge, you need a lawyer who knows your rights and can aggressively defend them in court. Call Smith & Vinson Law Firm today and let us fight for you.

What Are the Penalties for a Weapons Crime Conviction? 

The type of penalty you will be facing depends on various factors, such as the type of weapon involved, whether you were using it or merely carrying it, and whether you were committing another crime.

Some examples of potential penalties include: 

• Class A Misdemeanor Offense: Up to 1 year in county jail and/or fines up to $4,000; examples include possessing a handgun without a license
• State Jail Felony Offense: Between 180 days and 2 years in jail and/or fines up to $10,000; examples include reckless discharge of a firearm 
• Third-Degree Felony Offense: Between 2 and 10 years in prison and/or fines up to $10,000; examples include carrying a firearm in a prohibited place 
• First-Degree Felony Offense: Between 5 and 99 years or up to life in prison and/or fines up to $10,000; examples include aggravated robbery 

Regardless of the type of weapons offense charges you may be facing, being convicted can result in the loss of certain rights, not to mention your freedom. We urge you to contact our Austin weapons charges lawyers right away to protect yourself and your future.  

Charged With a Weapons Offense in Central Texas?

If you have been arrested or charged with a weapons offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas in Texas, contact Smith & Vinson Law Firm. Our aggressive trial lawyers know how to challenge the prosecution’s case and bring forward powerful evidence to support your defense. We are prepared to fight tirelessly for you. 

Understanding Your Rights in Weapons Charge Cases

Navigating the complexities of weapons charges can be overwhelming, especially when your rights are at stake. At Smith & Vinson Law Firm, we believe that every client should be fully informed about their legal rights and options. Understanding your rights can empower you during this challenging time and help you make informed decisions about your defense strategy.

Here are some key rights you should be aware of:

• The Right to Remain Silent: You are not obligated to answer questions from law enforcement without legal representation.
• The Right to Legal Counsel: You have the right to an attorney who can guide you through the legal process and advocate on your behalf.
• The Right to a Fair Trial: Every individual is entitled to a fair trial, ensuring that all evidence is presented and considered impartially.
• The Right to Challenge Evidence: You can contest any evidence that was obtained unlawfully or is not relevant to the case.

By understanding these rights, you can better navigate the legal landscape and work closely with our experienced attorneys to build a strong defense. We are committed to protecting your rights and ensuring that you receive the best possible outcome for your case.

Protect Your Future: The Importance of Legal Representation

Facing weapons charges can be a daunting experience, but having the right legal representation can make all the difference. At Smith & Vinson Law Firm, we understand the complexities of weapons laws in Texas and are committed to providing you with a robust defense strategy tailored to your unique situation.

Here’s why securing skilled legal counsel is essential:

• Expertise in Local Laws: Our attorneys are well-versed in Texas weapons laws and understand how they apply to your case, ensuring you receive informed guidance.
• Personalized Defense Strategies: We take the time to analyze the specifics of your case, crafting a defense that addresses your individual circumstances and maximizes your chances for a favorable outcome.
• Negotiation Skills: Our team is adept at negotiating with prosecutors, potentially reducing charges or securing plea deals that can lessen the impact on your life.
• Peace of Mind: Knowing that experienced attorneys are fighting for your rights allows you to focus on your life while we handle the complexities of your case.
• Trial Experience: If your case goes to trial, you want attorneys who are seasoned in courtroom procedures and can advocate fiercely on your behalf.

Don't leave your future to chance. Contact Smith & Vinson Law Firm today to schedule a consultation and take the first step toward protecting your rights and your future.

Contact our Austin weapons charges attorneys today for a free initial consultation; call (512) 359-3743 to speak to a member of our team.