Mesquite Gun Crime Lawyer

Mesquite Gun Crime Attorney

Gun crimes are treated seriously under Texas law, as the consequences of illegally using a firearm can be catastrophic. Because of this, gun charges often carry severe penalties that can impact an individual’s life for years to come. However, just because someone has been accused of committing a gun crime does not mean that the allegations will result in a sentence. All defendants are welcome to hire a Mesquite gun crime lawyer to assist in their defense.

At Harris & Harris Law Group, PLLC, we understand how overwhelming facing a gun charge can be. It not only impacts you but can cause damage to your entire family. That’s why our legal team works hard to ensure that no one is forced to deal with consequences that are unfair. From day one, our criminal defense lawyers will examine what happened in your case and begin working on their defense. This can help to reduce or dismiss the charges you face, depending on your case.

What Defense Positions Are Commonly Used for Gun Crime Charges?

It’s true that gun crime cases can be some of the most aggressively prosecuted offenses in Texas. This is due to its prevalence, as in 2022 alone, the state experienced 4,630 gun-related deaths. This included 1,826 homicides, with an average of one firearm death every two hours.

Due to this reality, prosecutors and law enforcement are constantly under pressure to secure convictions. However, this doesn’t mean that your gun crime case will result in a conviction. After hiring a gun crime attorney, they will review a number of defense options to see which have the strongest applications to your case.

Some of the most common include:

Unlawful Search and Seizure

The U.S. Constitution protects all citizens from unlawful search and seizure. This is where an officer searches your home or other property without first securing a search warrant to do so. When this happens, a defense attorney can capitalize on the procedural error and constitutional violation to have any evidence that was collected during the search suppressed and the case dismissed. Without this evidence, the prosecution may struggle to win the case.

Lack of Possession or Ownership

Another common defense involves challenging the prosecution’s ability to prove that the defendant was actually in possession of the firearm. This idea rests on the notion that just because a gun was found near the defendant does not mean that they had control over it. For example, it could have been found in the glove compartment of a shared car or in an apartment that has multiple people living in it.

With 873 traced firearms recovered in Mesquite in 2023, these types of gray-area cases are fairly common in the area. If this applies to your own case, it could increase its defensibility.

Self-Defense

Texas is known for its strong self-defense laws, allowing individuals to use deadly force if they believe it is necessary to protect themselves or someone else from harm. When someone uses this defense, they need to prove that they truly believed they were about to face a proportionate level of threat. A skilled Mesquite Gun Crime Lawyer will need to carefully present evidence to show how the shooting was an act of survival rather than one of aggression.

Lack of Intent

Another necessary component of many gun-related charges in Mesquite, Texas is intent. This is especially true for allegations that involve threats, assaults, or even an unlawful discharge of a weapon.

Accidents do happen from time to time, such as when someone may have mistakenly fired a weapon while cleaning it or not realizing they carried one into a prohibited area. Demonstrating that a defendant did not have the intent to commit a crime could be enough to win in court.

FAQs About Mesquite, TX Gun Crime Laws

Q: How Much Does a Felony Defense Lawyer Cost in Texas?

A: The cost to hire a defense lawyer in Texas will vary based on a number of different factors, such as how complicated the case is to manage, how many years of experience the attorney has, and whether or not the case advances to trial. You can expect straightforward misdemeanor charges to be resolved faster than more complicated felonies, but the only way to get a true sense of your timeline is by discussing the details of your case with an attorney during a consultation.

Q: Can a Felon Get His Gun Rights Back in Texas?

A: Yes, a felon is able to regain the right to possess a firearm after five years of completing their sentence or parole. This is referred to as the “five-year possession rule” and has been codified in the Texas Penal Code under 46.04. There could still be some exceptions, such as the individual only being allowed to have their gun within their primary residence. To ensure you stay compliant with the law, discuss the details of your situation with your attorney.

Q: What Should I Do If I’m Arrested for a Gun Crime in Texas?

A: If you have been arrested for a gun crime in Texas, remain calm and exercise your right to remain silent. Do not spend time trying to explain what happened to law enforcement without your attorney present. If you do, what you say could be used against you later on in court.

Having an attorney guide you through these conversations can help avoid unnecessary mistakes and preserve the integrity of your defense.

Q: Does It Matter If the Gun Was Loaded or Unloaded During the Arrest?

A: Yes, whether or not a gun was loaded does have significance, as it can affect how a charge is filed and the seriousness of the accusation. For example, a loaded weapon could lead to enhanced charges or be used by the prosecution to try and prove you had the intent to commit the crime. However, even an unloaded gun can still result in serious legal consequences, depending on where it was found, how it was carried, and who had it in possession.

Contact Harris & Harris Law Group, PLLC Today

If you have recently been accused of committing a gun crime in Mesquite and are looking for a qualified Mesquite Gun Crime attorney to take on your case, contact our firm today. We look forward to learning more about what happened and how we can help.