Dallas Gun Crime Lawyer

Dallas Gun Crime Attorney

In Texas, weapons charges include the illegal possession of a weapon, discharging a gun improperly, the use of a weapon while committing a crime, or even selling a weapon or granting a child access to an unsecured gun. Texas often punishes these criminal offenses harshly, which can damage your criminal record. If you stand accused of a weapon offense in the state of Texas, you should contact a Dallas gun crime lawyer.

The team at Harris & Harris Law Group, PLLC, can provide a strong legal defense. Using our years of experience, we will fight to protect you from fines and potential prison time. Our knowledge and experience allow us to individualize our services to the needs of our clients. We take time to review your gun charges and work to build a defense that works for the circumstances of your case, not a one-size-fits-all approach.

When you work with our experienced Dallas County defense attorneys, you gain the trusted support of former prosecutors who provide personal attention and great attention to detail in all that they do. We understand that good people can run into serious legal trouble. We are not here to pass judgment but rather to provide you with a strong chance to mitigate your charges. While other defense firms take on as many clients as they can, we are more selective in how we choose our clients.

Understanding Gun Crimes in Dallas County, Texas

Dallas County is a fast-growing area famous for its major league sports, Texan cowboy heritage, and truly iconic Southern barbecue. As our population grows, the area continues to see both crime and increased law enforcement presence. The Dallas County Sheriff’s Department remains focused on crimes of all levels, including those involving firearms.

The crime rate for Dallas County is 42.34 per 1,000 residents in a normal year, and gun crimes include:

• Unlawful possession of a firearm by a felon
• Unlawfully carrying a weapon in a prohibited location
• Possession of a prohibited weapon
• Unlawful transfer, sale, or furnishing of a firearm
• Possession of a firearm during the commission of another criminal offense

In an average year, 7,726 people are injured, and 4,471 people die from gunshots in Texas, which is why law enforcement remains vigilant for signs of gun crimes. When a suspect is arrested on suspicion of committing a gun crime, they are typically transported to the Dallas County Jail at the Lew Sterrett Justice Center in downtown Dallas.

Weapon Offenses and Penalties in Dallas, TX

According to Texas law, weapons such as brass knuckles, switchblades, machine guns, explosive weapons, and rifles or shotguns altered so the weapon is less than 26 inches long are illegal to carry outright. Possession of brass knuckles and switchblades results in a class A misdemeanor, but the others are third degree felonies with potential penalties, including two to ten years in prison.

Charged With Illegally Carrying A Weapon in Dallas?

Texas allows individuals to carry many weapons, including clubs, firearms, swords, and other illegal knives, while at home and in a car to transport the weapon. Illegally carrying one of these weapons amounts to a class A misdemeanor. If the crime occurs in locations such as a school, court, or business that sells alcohol, the crime becomes a third-degree felony.

An individual with a license to carry a concealed handgun can avoid many illegal possession charges, but the law does not allow these individuals to openly carry handguns or bring them to locations such as churches, hospitals, sporting events, or amusement parks.

Common Weapons Offenses

Gun possession and ownership are restricted in Texas for several circumstances. Residents are limited in the locations where they can carry weapons, and those with felony convictions are prohibited from owning a weapon. Weapons charges can vary with some of the most common weapons charges, including:

• Illegal sale of a weapon.
• Concealed handgun license violation.
• Concealed guns or firearms at airports or other public places.
• Unlawfully discharging or brandishing a weapon.
• Unlawfully carrying a weapon.
• Possession of a firearm by a convicted felon.

A conviction of any of these offenses could lead to serious consequences. While guns and Texas seemingly go hand in hand, violating weapons laws could impact your rights and freedoms. A conviction could not only lead to time in jail and excessive fines but also negatively impact your ability to gain future employment and housing and pursue further educational opportunities.

How a Dallas Gun Crime Lawyer Can Help You

A Dallas gun crime attorney can be vital to successfully reaching an acquittal, a reduction of charges, or an outright dismissal. Our team will investigate the details of your case and determine the most appropriate defense. Some common defense strategies include:

• Denying the crime: This is one of the most common defenses to gun charges. It’s simply denying that the crime was committed by the defendant. This could be the result of faulty witness statements, mistaken identity, or any other circumstances that prove the defendant was not present at the time of the crime.
• Lack of intent: In some weapons crimes, the intent to commit the crime can change the perception of the charges or of an ultimate conviction. While there is little leeway in weapons charges, the circumstances of the case, including committing the crime by mistake or without intent, can help sway the outcome.
• Insanity: Insanity is another common legal defense used. If you are not mentally competent, you cannot be charged with intentionally and knowingly committing a crime. While the insanity plea is not an easy one to execute, it may be necessary depending on the details of your case. This defense will usually require a mental health professional to conduct a thorough evaluation to determine the level of incompetence.
• Self Defense: If you are accused of pulling a gun on someone, your defense could argue that you acted in self-defense. Texans have the right to protect themselves and their loved ones when their safety is in danger.
• Insufficient Evidence / Reasonable Doubt: Your lawyer could argue that the state has not met its burden of proof. This is a vital strategy if the prosecution is relying on circumstantial evidence or unreliable eyewitness testimony.
• Violation of Rights: Other defense strategies could explore whether your rights were violated or if the elements of the offense are actually met.

FAQs About Dallas, TX Gun Crime Laws

How Is Deadly Conduct Defined in Texas?

Deadly conduct is defined in Texas as any reckless behavior on behalf of an individual that puts other people in imminent danger of bodily harm. You could face deadly conduct charges if you discharge a firearm recklessly. This could include discharging a firearm toward an individual, a building, a habitation, or a vehicle. You could also be charged if you point a weapon toward another person, even if the gun is loaded or not.

How are Weapons Charges Made in Texas?

Weapons charges can happen in various ways. Common instances include people tipping off the police, not realizing they have a firearm in a bag or carryon until they pass through a security checkpoint like an airport, or police may find a gun or weapon on the body of an individual or in a vehicle during a routine traffic stop. If you have been caught with an illegal weapon, you should promptly speak with a Dallas Gun Crime Lawyer for help. A possession charge could lead to serious consequences.

Can You Own a Gun in Dallas If You Were Convicted of a Domestic Violence Crime?

Those who have been convicted of a domestic violence crime in Texas are prohibited from owning a gun. If you have questions regarding gun ownership, you should contact a criminal defense attorney experienced in weapons crimes who can investigate your specific case.

What Weapons are Illegal to Own in Texas?

There are various illegal weapons in Texas. Texas law outlines weapons crimes as those that cause offenses against the public’s health and safety. It could be a weapon or instrument specifically designed to inflict bodily harm on people. Some weapons that can be illegal to own include homemade guns, brass knuckles, explosives, and certain shotguns, among others. There are certain exemptions available for those who qualify, but the public is prohibited from owning these weapons.

What are the Penalties for Illegally Owning a Gun in Texas?

The penalties for illegally owning a gun in Dallas and other areas of Texas can vary depending on the specific circumstances. Penalties can vary from a Class A misdemeanor to a third-degree felony or even federal charges. If you’ve been charged with unlawful possession of a firearm, you need to speak with a Dallas Gun Crime Lawyer immediately for help. An attorney can review the case and help you understand the charges.

Can I Be Charged With a Gun Crime if I Did Not Fire the Weapon in Dallas County?

Yes, you can be charged with a gun crime if you did not fire the weapon in Dallas County. Texas firearm offenses criminalize more than the act of discharging a weapon. Depending on the circumstances, a person may face charges related to unlawful possession, carrying a prohibited weapon, unlawful transfer of a firearm, or possessing a firearm while prohibited from doing so. The facts of the case determine which charges apply.

What Should I Do After an Arrest for a Gun Crime in Dallas County?

In the moments after an arrest for a gun crime in Dallas County, remain calm and cooperative. You are required to identify yourself, but you do not have to discuss details about what led to your arrest. This is commonly known as the “right to remain silent,” and invoking that right can protect your interests. Securing legal representation can help you learn more about the charges you are facing and your options for contesting the accusations.

Can a Gun Crime Charge Be Reduced in Dallas?

Yes, a gun crime charge can potentially be reduced in Dallas, particularly when the prosecution does not have the evidence they need to move forward with their case. If the allegation is that someone displayed or pointed a firearm during a confrontation, a defense attorney might seek a reduction from a more serious charge to disorderly conduct under Texas Penal Code § 42.01(a)(8).

Protect Your Criminal Record in Dallas, TX

In addition, using such a weapon can be a serious crime. Discharging a gun in a public location is a class A misdemeanor if the user fires the weapon inside a town with a population of more than 100,000 people. Using a weapon, whether you fire it or not, while committing a violent crime may increase charges to aggravated status, which is a first degree felony.

Giving or selling a firearm to an individual who is not permitted to own a gun is a class A misdemeanor. This includes intoxicated persons and children who do not have parental consent. Simply leaving a loaded firearm within a child’s reach is a crime.

Dallas Criminal Defense Attorneys For Weapon Offenses

Guns are a staple in many Texas homes, but ensuring they are used properly and stored safely is a requirement for any Texan who chooses to own a firearm. Penalties for violating weapons charges in Texas can be long-lasting. Whether the alleged offense happened at Victory Park, Oak Lawn, or elsewhere in Dallas County, the experience of your legal representation matters.  If you have been charged with a weapons crime, get the help that you deserve from Harris & Harris Law Group, PLLC. Contact our offices today and let our team provide the defense that you deserve.