Fort Bend Gun Crime Lawyer

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Fort Bend Gun Crime Attorney

The United States Constitution grants every age-appropriate American the right to keep and bear arms. Particularly in the state of Texas, that right is consistently protected and encouraged throughout the state. Despite most firearms being legal and seen as a basic American right, weapons-related offenses can still be illegal in Texas. Anyone can be charged with a gun crime if they violate the law, and a Fort Bend gun crime lawyer can help you figure out your next steps.

Texas is an open-carry state. The controversy surrounding the Second Amendment is palpable and under constant debate in nearly every state, particularly in Texas. Obtaining a license to carry (LTC) is not all that difficult in Texas, but even if you don’t have one, you should be familiar with the laws regarding firearms in Texas and the consequences of breaking them. Having some crucial knowledge of Texas gun laws could come in handy if you are charged.

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Gun Crimes in Fort Bend, Texas

While the Texas legislature did declare that the right to carry handguns in the state is constitutional, that does not mean that you have an unlimited right to carry regardless of your criminal background, your mental state, or outstanding warrants. There are still some restrictions regarding gun ownership and firearms usage in Texas. If anything, having a license to carry means you should familiarize yourself with these laws.

Here are some of the gun crimes you may be charged with in Texas:

  • Unlawful Carrying of a Weapon: A charge of unlawfully carrying a weapon can happen when someone intentionally, knowingly, or recklessly carries a handgun on their person when they fit into one of the following categories:
    • They are under the age of 21.
    • They have been prohibited from possessing a firearm under federal or state law.
    • They have been convicted at some point within the last five years of assault, gun crimes, or terrorism.
    • They were carrying a weapon while intoxicated.
    • They displayed the weapon openly in a public place, excluding a legally obtained handgun being carried in a holster.
  • Unlawful Possession of a Firearm: You can be charged with the unlawful possession of a firearm if you were released from prison or parole within five years after serving a sentence for a felony offense or domestic violence. This includes firearms of any type, and it does not matter whether or not the weapon is registered.

Possible Defenses Against a Gun Crime in Fort Bend, TX

It can be a very difficult situation to navigate charges for a gun crime. You may feel you are completely in the right to own a gun, but the consequences can be life-changing in certain situations. Consider hiring a Fort Bend gun crime lawyer from Greco Neyland, PC, who can help you determine a strong defense strategy for your situation. Here are some of the possible defenses you might be able to make against a gun charge:

  • Legal Right to Possess: If you are arrested for possessing a weapon in Texas, you and your Fort Bend Gun Crime Attorney may be able to make the argument that you were legally allowed to possess that weapon. If you do not have any prior criminal convictions and were not doing anything threatening with the weapon, you might have a strong case.
  • No Crime Committed: If you are arrested for possessing a weapon in Texas, you can also try and argue that the gun was never used in a crime. It simply existed on your person but was not fired, nor did you intend to fire it in a threatening manner.
  • Lack of Intent: One of the strongest arguments you can make regarding your gun charge is that there was a lack of intent to commit a crime. In order to be charged with committing a crime, the prosecution must be able to prove that there was intent.

FAQs

Q: How Much Do Defense Attorneys Cost for Felonies in Texas?

A: There is no telling how much felony defense attorneys will cost in Texas. Every case is different, which means that every lawyer’s fee is going to be different, too. The amount that your lawyer charges you will depend on several important factors, including their experience, education, and resources, as well as the severity of your charges and the difficulty of your case.

Q: Can I Restore My Gun Rights in Texas?

A: Yes, it is sometimes possible for you to restore your gun rights in Texas, depending on your specific situation and history with gun crimes. For example, if at least five years have passed since your criminal conviction, you can legally possess a firearm in your home, but you still cannot carry one outside of your home. You can also apply for a pardon from the governor as long as you meet certain criteria.

Q: What Disqualifies You from Owning a Gun in Texas?

A: There are many things that might disqualify you from owning a gun in Texas. You need to be at least 18 years old to own a rifle and at least 21 years old to own a handgun. You cannot own a gun if you have been convicted of a felony, a drug crime, or domestic violence. If you are the subject of a protective order, you cannot own a gun.

Q: Do I Need a Lawyer for My Gun Crime Case?

A: No, you are not obligated or required to hire a lawyer for your gun crime case. Texas allows you to pursue legal action without the help of a lawyer. However, it is recommended that you retain legal counsel whenever you deal with legal trouble. Having a skilled Gun Crime Lawyer in Fort Bend, TX who understands the complexities of Texas gun laws can only benefit you in the long run.

Reach Out to a Fort Bend Gun Crime Lawyer Today

Getting arrested for a gun crime in Texas might not seem like a big deal, but depending on the nature of your charge, the consequences could be considerable. The legal team at Greco Neyland, PC, understands the kind of help you’ll need. Schedule a consultation with a team member today to see how we can assist you.

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