Dallas Unlawfully Brandishing a Weapon Lawyer

Dallas Unlawfully Brandishing a Weapon Attorney

The act of brandishing a weapon is when someone displays or uses a weapon in a threatening or reckless manner without any legal justification. Many people will bring forth a claim like these after personal disputes, road rage incidents, or a simple misunderstanding.

Because the consequences can be severe, if you have been charged in Dallas with unlawfully brandishing a weapon, a lawyer is crucial to ensure your rights are protected and your case is thoroughly defended.

At Harris & Harris Law Group, PLLC, we are fully dedicated to providing the type of strategic legal defense that makes an impact in the lives of those accused of unlawfully brandishing a weapon. We realize that not everyone is clear on exactly what this act looks like under the eyes of the law. However, we know how to investigate these cases to find areas where the allegations are weak or misguided to protect the future of our clients.

What Evidence Helps Defend Against Brandishing Weapon Allegations in Dallas?

When someone accuses you of unlawfully brandishing a weapon, it’s important to work with a quality Dallas Unlawfully Brandishing a Weapon Lawyer who knows how to build a strong defense. Depending on what evidence is available and admissible in court, a defense lawyer can evaluate everything on the table to devise the most compelling defense strategy possible.

Some of the most helpful pieces of evidence to use in these cases include:

Video or Surveillance Footage

One of the most powerful tools for defending against brandishing allegations is video evidence. This can include footage from security cameras, dashboard cameras, or even videos taken by a bystander on their phone. All of this can help to bring everyone back to the scene of the incident to review an objective account of what happened. For example, the footage could reveal that the individual accused acted in self-defense rather than brandishing the weapon unlawfully.

Eyewitness Testimonies

Providing testimonies from witnesses who also saw what happened can make a huge difference in how successfully you defend yourself against these allegations. Friends, family, and objective bystanders can all provide accounts of what happened that align with your version of events. For example, someone walking by might share how they also did not see you acting aggressively or brandishing your weapon in a manner that seemed threatening or illegal.

Evidence of Self-Defense or Legal Justification

If you believe you displayed your weapon as an act of self-defense or had any other legal justification, you need quality evidence to support that claim. For instance, self-defense claims require proof that you believed you were in imminent danger and needed to act accordingly.

Your evidence must make it clear you were justified in using the force used to prevent the other’s use of unlawful force against you or another. The unlawful force could be accompanied with direct verbal threats or aggressive movements.

Lack of Intent or Recklessness

Another key element of weapon allegations is that the accused acted intentionally or recklessly. This can be disputed with evidence that demonstrates a lack of intentional, knowing, or reckless behavior. To support this, having extra statements from witnesses and surveillance footage from the exchange can help to establish the absence of intent.

FAQs About Dallas, TX Weapon Brandishing Laws

Q: What Is the Charge for Displaying a Weapon in Texas?

A: The charge for displaying a weapon in Texas falls under the broader category of deadly conduct or disorderly conduct as it relates to weapon use. The specific charge will depend on the circumstances of the case. Charge severity can be determined based on where the incident happened, the intent behind the act, and if anyone was hurt

Q: What Constitutes Unlawful Carrying of a Weapon in Texas?

A: Unlawfully carrying a weapon in Texas is when someone possesses a firearm or other weapon in any manner that violates state law. Some of the most common instances include someone carrying a weapon without the required license, bringing a weapon into a prohibited area like a school, or having the weapon on hand when carrying out a criminal activity. Also, any individual who is intoxicated or has previous criminal convictions could be prohibited from carrying.

Q: What Is the Charge for Pointing a Gun at Someone in Texas?

A: In Texas, pointing a gun at someone could result in charges ranging from a third-degree felony charge for aggravated assault or a Class A misdemeanor for deadly conduct under Texas Penal Code.

Depending upon the circumstances, other potential charges may include the unlawful carrying of a firearm, disorderly conduct, terroristic threat, or other related assault offenses. With so much at stake, it’s recommended you consult a trusted Dallas Unlawfully Brandishing a Weapon Lawyer right away.

Q: Is Brandishing a Knife Illegal in Dallas, Texas?

A: The act of brandishing a knife can be illegal in Dallas, Texas depending on how it is done. Texas law states that it is not unlawful to carry a knife in most circumstances, as long as it is never displayed with the intent to cause fear.

When this happens, the individual may be charged with disorderly or deadly conduct or aggravated assault with a deadly weapon. Just like brandishing a weapon, brandishing a knife can range from a misdemeanor to felony charge, depending on the context.

Contact Harris & Harris Law Group, PLLC Today

If you have recently been accused of brandishing a weapon in Texas and are looking for a solid defense team to help, contact our law firm today. We strongly believe that everyone has the right to defend themself against criminal allegations and are honored to uphold that right for our clients. We look forward to learning more about your situation and sharing the ideal defense strategies for your case.