Aggressive Weapons Charges Defense in San Antonio

When Your Right to Bear Arms is Challenged: Facing Serious Legal Consequences in Texas

Texas has long championed the rights of gun owners, but the legal landscape surrounding firearms and weapons is more complex than many realize. A single misunderstanding, a momentary lapse in judgment, or an improper search by law enforcement can quickly escalate into life-altering criminal charges. If you are facing weapons charges in San Antonio or Bexar County, you are not just fighting a fine—you are fighting for your freedom, your reputation, and your future.

At Barton & Associates, we understand the severe and permanent consequences that accompany a weapons conviction. Our seasoned criminal defense attorneys, led by Attorney Gary J. Barton, leverage decades of combined experience and a deep understanding of Texas weapons laws to provide the aggressive, strategic defense you need. We meticulously investigate every aspect of your case, challenge the prosecution’s evidence, and fight tirelessly to protect your rights and your liberty.

Understanding the Severity of Texas Weapons Charges

Texas enforces its weapons laws aggressively. Local task forces from the San Antonio Police Department and Bexar County Sheriff’s Office actively pursue illegal firearm cases, and prosecutors at the Bexar County Justice Center treat these charges with the utmost seriousness. The potential consequences extend far beyond the courtroom and can fundamentally alter the course of your life.

The immediate penalties can be severe:

• Unlawful Carrying of a Weapon (UCW): Typically charged as a Class A misdemeanor, punishable by up to one year in jail and fines of up to $4,000.
• Unlawful Possession of a Firearm by a Felon: This is a third-degree felony. The punishment range is 2 to 10 years in a Texas state prison, with fines up to $10,000. If the offense occurs within five years of release from confinement for a prior felony, the penalty range increases to 2 to 20 years.
• Possession of a Prohibited Weapon: A felony charge for possessing outlawed items like machine guns, short-barrel shotguns, explosive weapons, or silencers.
• Aggravated Assault with a Deadly Weapon: A serious felony that involves using a weapon to threaten or cause serious bodily injury.

Perhaps the most lasting impact is the permanent loss of your right to legally possess firearms. Any felony conviction results in a lifetime prohibition against owning guns under both state and federal law. Furthermore, a conviction can destroy future opportunities, making it difficult to secure employment, find housing, or maintain professional licenses.

The Barton & Associates Defense Strategy: Our Rigorous Approach to Your Case

At Barton & Associates, we believe that an effective defense is built on preparation, precision, and relentless advocacy. We do not take a one-size-fits-all approach. Instead, we develop a tailored defense strategy based on the unique details of your arrest and the specific charges you face.

1. Challenging the Constitutionality of the Stop and Search

Many weapons charges stem from traffic stops or police encounters. The Fourth Amendment protects you from unreasonable searches and seizures. A cornerstone of our defense is a meticulous review of the circumstances leading to your arrest. We scrutinize whether law enforcement had a valid legal reason (probable cause or reasonable suspicion) to stop you and whether any search that discovered a weapon was conducted lawfully. If your constitutional rights were violated, we file aggressive motions to suppress the evidence, which can lead to a significant weakening or complete dismissal of the prosecution’s case.

2. Navigating Complex State and Federal Jurisdiction

Weapons law is a complicated interplay between state and federal statutes. A single act can lead to prosecution in both arenas. For instance, a felon in possession of a firearm may face state charges under Texas Penal Code 46.04, but federal authorities can also prosecute under laws that prohibit possession by anyone convicted of a crime punishable by more than one year in prison. Federal charges carry distinct procedures and often involve severe mandatory minimum sentences. Our firm has the experience to handle cases in both state and federal courts, ensuring your defense is comprehensive no matter where your case is heard.

3. Examining the Specifics of the Alleged Violation

Texas law contains numerous nuances. For example, while “constitutional carry” allows most adults to carry a handgun without a license, this right is not absolute. It is restricted for individuals with certain prior convictions and is prohibited in specific locations like schools, bars, and government buildings. We conduct a thorough analysis to determine if you were legally prohibited from possessing the weapon, if the location of the alleged offense was lawful, or if the item in question meets the precise legal definition of the prohibited weapon you are accused of possessing.

Why Choose Barton & Associates for Your Weapons Charge Defense?

• Experience and Dedication: Attorney Gary J. Barton and his team have built a reputation for defending individuals accused of crimes and preventing unjust incarceration. We have successfully represented thousands of clients and approach every case with the meticulous care it deserves.
• Former Prosecutorial Insight: Our team includes attorneys with experience on the prosecution side. This gives us invaluable insight into how the state builds its cases, allowing us to anticipate strategies and identify weaknesses from the outset.
• Trial-Tested Advocacy: We prepare every case as if it is going to trial. This trial-ready posture not only ensures we are fully prepared to defend you in court but also strengthens our position during negotiations, as prosecutors know we are not afraid to take a case before a jury.
• Clear and Honest Communication: We believe an informed client is an empowered client. We will explain the charges against you, outline your legal options in clear terms, and provide honest assessments of potential outcomes. You will never be left in the dark about the status of your case.

Take Immediate Action to Protect Your Future

The moments and days following an arrest are critical. Evidence must be preserved, witnesses identified, and strategic motions filed promptly. The sooner you have skilled legal representation, the better we can protect your rights and begin building your defense.

Do not speak to investigators or make any statements about your case without an attorney present. Exercise your right to remain silent and your right to legal counsel.

Contact Barton & Associates today for a free, confidential consultation. Complete our online contact form for a prompt response, or call our office directly at 210-500-0000. We are available to check attorney availability for an immediate consultation. Let our experienced San Antonio weapons charge attorneys stand by your side and fight for your freedom, your rights, and your future.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000