Understanding Weapon Crimes in Texas: A Comprehensive Guide by Barton & Associates

Facing weapon charges in Texas can be an overwhelming and life-altering experience. At Barton & Associates, our San Antonio criminal defense attorneys understand the severe consequences that accompany weapon crime allegations in Bexar County and throughout Texas. This comprehensive guide will explain Texas weapon laws, potential penalties, and why securing experienced legal representation is crucial to protecting your rights, your freedom, and your future.

What Constitutes a Weapon Crime in Texas?

Texas has some of the nation’s most complex and vigorously enforced weapon laws. While the state is known for its strong Second Amendment traditions, the line between lawful possession and a criminal offense can be surprisingly narrow. Weapon crimes encompass a wide range of allegations, from unlawful carry and possession to aggravated assaults with a deadly weapon.

Common weapon charges we defend at our San Antonio law office include:

• Unlawful Carry of a Weapon (UCW): Carrying a handgun, illegal knife, or club without a valid License to Carry (LTC) or in a prohibited location.
• Unlawful Possession of a Weapon (UPW): Possessing a firearm by a felon, within a prohibited place (like schools or bars), or while committing another crime.
• Aggravated Assault with a Deadly Weapon: Using or exhibiting a deadly weapon during an assault, significantly enhancing the charges.
• Making a Firearm Accessible to a Child: Criminal negligence if a child gains access to a readily dischargeable firearm.
• Prohibited Weapons Possession: Ownership or possession of illegal weapons like sawed-off shotguns, armor-piercing ammunition, or explosive weapons.
• Weapon Enhancements: Additional charges added when a weapon is alleged to be involved in another crime, such as drug possession or robbery.

Texas Penal Code: Key Weapon Laws and Penalties

Penalties for weapon convictions are severe and escalate based on the specific charge, the defendant’s criminal history, and the circumstances of the alleged offense.

Unlawful Carry of a Weapon (UCW) – Penal Code §46.02

This is a frequent charge in San Antonio. Generally, carrying a handgun without a License to Carry (LTC) in plain view or in a vehicle can be a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, if the offense occurs in a prohibited place (like a school or polling place), it can become a third-degree felony.

Unlawful Possession by a Felon – Penal Code §46.04

For individuals with a prior felony conviction, possessing any firearm anywhere other than their own premises is a third-degree felony. Conviction carries 2 to 10 years in prison and a fine of up to $10,000. If the felon has been released within the last five years, the charge elevates to a second-degree felony (2-20 years in prison).

Aggravated Assault with a Deadly Weapon – Penal Code §22.02

Simple assault becomes “aggravated” when a deadly weapon is used or exhibited. This is typically a second-degree felony (2-20 years in prison). If the assault is against a public servant, family member, or in a domestic violence context, or results in serious bodily injury, it can become a first-degree felony (5-99 years).

Making a Firearm Accessible to a Child – Penal Code §46.13

If a child under 17 gains access to a readily dischargeable firearm due to a person’s failure to secure it, that person can face a Class C misdemeanor (fine only). However, if the child causes injury or death, the charge can become a Class A misdemeanor or even a state jail felony.

The Critical Role of a San Antonio Weapon Crimes Defense Attorney

Navigating the Texas legal system after a weapon arrest requires immediate and strategic action. The prosecution will move quickly to build a case against you. At Barton & Associates, we act swiftly to protect your interests from the very beginning.

Our Defense Strategy Includes:

1. Immediate Case Review & Investigation: We scrutinize every detail of your arrest. Was there probable cause for the stop or search? Did law enforcement violate your Fourth Amendment rights against unlawful search and seizure? Often, evidence can be suppressed if obtained illegally.
2. Challenging the Evidence: What does the prosecution actually have? Was the weapon properly identified and logged? Are there chain-of-custody issues? We work with forensic experts when necessary to challenge the state’s physical evidence.
3. Exploring Affirmative Defenses: In Texas, certain defenses can justify weapon possession, such as:
   1. Traveling Defense: Texas law provides a specific defense for carrying a weapon while “traveling.” The definition of traveling is nuanced, and our attorneys are skilled in arguing this defense.
   2. Self-Defense / Defense of Property: You may have a valid justification for possessing or using a weapon if you reasonably believed it was necessary to protect yourself or your property from imminent harm.
   3. LTC Compliance: We verify whether you were, in fact, properly licensed or if an exception applied.
4. Negotiating with Prosecutors: Our seasoned attorneys have built strong professional relationships with prosecutors in Bexar County. We use our knowledge and reputation to negotiate for charge reductions, deferred adjudication, or alternative sentencing when it serves your best interests.
5. Aggressive Trial Advocacy: If a fair plea agreement cannot be reached, we are fully prepared to take your case to trial. We craft compelling arguments for the jury, challenging the prosecution’s narrative and fighting for a full acquittal.

The Collateral Consequences of a Weapon Conviction

Beyond jail time and fines, a weapon conviction can devastate your life:

• Loss of Gun Rights: A felony conviction results in the permanent loss of your right to own or possess firearms.
• Employment & Housing: A criminal record, especially for a violent weapon offense, makes finding a job or housing extremely difficult. Many applications require disclosure of criminal history.
• Professional Licenses: Nurses, teachers, real estate agents, and other licensed professionals can lose their credentials.
• Immigration Status: For non-citizens, a weapon conviction can lead to deportation, denial of naturalization, or being barred from re-entering the U.S.
• Family Law Implications: In divorce or child custody cases, a weapon conviction can be used to allege you are a danger, impacting parental rights.

This is why our approach at Barton & Associates is holistic. We don’t just fight the charge; we fight to protect your entire future.

Why Choose Barton & Associates for Your Weapon Crime Defense in San Antonio?

When your freedom is on the line, the attorney you choose matters. Here’s what sets our San Antonio criminal defense team apart:

• Local Expertise: We know the judges, prosecutors, and court procedures in Bexar County and surrounding areas. This local insight is invaluable in building an effective defense.
• Proven Track Record: We have a history of successfully defending clients against a wide spectrum of weapon charges, from misdemeanors to serious felonies.
• Client-Centered Advocacy: You are not just a case file. We take the time to listen, explain your options clearly, and develop a defense strategy tailored to your unique situation and goals.
• Resources & Commitment: We have the resources to hire expert witnesses, private investigators, and forensic specialists to strengthen your case. We are committed to leaving no stone unturned.

Act Now to Protect Your Rights: Contact Our San Antonio Law Firm

If you or a loved one is facing weapon charges in San Antonio, Austin or Corpus Christi, Texas, time is of the essence. The earlier we get involved, the more effectively we can challenge the prosecution’s case.

Do not speak to investigators without an attorney present. Politely decline to answer questions and request to speak with your lawyer. Anything you say can and will be used against you.

At Barton & Associates, we offer confidential case consultations to discuss your situation and outline your legal defense options. Our firm is dedicated to providing the aggressive, knowledgeable, and compassionate representation you need during this critical time.

Contact our San Antonio office today at 210-500-0000 or through our online contact form to schedule your consultation. Let our experienced criminal defense attorneys stand with you and fight for your rights, your reputation, and your future.