Weapon Crimes Defense in Corpus Christi: Protecting Your Rights, Your Freedom, and Your Second Amendment Rights

A weapon crime charge can change your life in an instant. In Texas, where firearm ownership is a cherished right, a conviction for a weapon offense can result in the permanent loss of your Second Amendment rights, years in prison, and a lifetime of consequences. Whether you are accused of unlawful carrying of a weapon, possession of a prohibited weapon, or a firearm-related offense during another crime, the stakes are high. In Corpus Christi and throughout the Coastal Bend, weapon crimes are prosecuted aggressively, and the penalties can be severe. When your freedom, your rights, and your future are on the line, you need a defense attorney who understands the gravity of the accusation and will fight to protect your rights at every stage.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with weapon crimes. Whether you are facing misdemeanor charges for unlawful carrying or felony charges for prohibited weapons or aggravated assault with a deadly weapon, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Weapon Crimes in Texas

Weapon crimes in Texas encompass a wide range of offenses under the Texas Penal Code. Each offense carries its own elements, penalties, and consequences.

Unlawful Carrying of a Weapon

Unlawful carrying of a weapon occurs when a person carries a handgun or other weapon in certain prohibited locations or without the required license. This is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.

Prohibited locations include:

• Schools and educational institutions

• Polling places

• Courts and court-related offices

• Racetracks

• Secured areas of airports

• Bars and establishments where alcohol is served

Possession of a Prohibited Weapon

Possession of a prohibited weapon involves owning or possessing certain types of weapons, including:

• Machine guns and automatic weapons

• Short-barreled firearms

• Armor-piercing ammunition

• Explosive weapons

• Chemical dispensing devices

• Zip guns

Possession of a prohibited weapon is generally a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.

Unlawful Possession of a Firearm by a Felon

Under both state and federal law, convicted felons are prohibited from possessing firearms. Unlawful possession of a firearm by a felon is a third-degree felony under state law and a federal offense under 18 U.S.C. § 922(g). Penalties include two to ten years in state prison or up to ten years in federal prison.

Aggravated Assault with a Deadly Weapon

Aggravated assault occurs when a person commits assault and uses or exhibits a deadly weapon during the commission of the offense. This is a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.

Deadly Conduct

Deadly conduct occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, including discharging a firearm in the direction of a person or habitation. This is a third-degree felony, punishable by two to ten years in prison.

Unlawful Discharge of a Firearm

Unlawful discharge of a firearm is a Class A misdemeanor, punishable by up to one year in jail. It can be enhanced to a felony if the discharge occurs in a municipality with a population of 100,000 or more (which includes Corpus Christi) or if it results in injury.

The Consequences of a Weapon Crime Conviction

A conviction for a weapon crime carries consequences that extend far beyond the criminal sentence:

Criminal Penalties

• Jail or prison time: Misdemeanors can result in up to one year in jail; felonies can result in years or decades in prison

• Fines: Up to $10,000 or more

• Probation: Extended period of community supervision with strict conditions

Loss of Firearm Rights

A felony conviction results in the permanent loss of the right to possess firearms under both state and federal law. This applies regardless of whether the underlying offense involved a weapon.

Enhanced Penalties for Future Offenses

A weapon crime conviction can enhance penalties for future offenses, particularly for repeat offenders or offenses involving weapons.

Impact on Second Amendment Rights

Beyond the criminal penalties, a weapon crime conviction affects your constitutional right to bear arms. Even if you regain other civil rights, the firearm disability often remains permanent.

Professional Consequences

• Military service: A weapon crime conviction can result in separation from service

• Law enforcement careers: A conviction can permanently bar employment in law enforcement

• Security clearance: For federal employees and contractors, a weapon conviction can result in loss of clearance

• Professional licensing: Many licensing boards consider weapon offenses

Immigration Consequences

For non-citizens, a weapon crime conviction can result in deportation and permanent inadmissibility to the United States.

How Weapon Crime Charges Arise

Weapon crime charges can arise in various circumstances:

Traffic Stops

During a routine traffic stop, an officer may discover a weapon in the vehicle. If the driver does not have a license to carry or if the weapon is prohibited, charges may follow.

Domestic Disputes

In domestic disturbance calls, law enforcement may discover weapons in the home. If a protective order is in place, possession of a firearm may be a separate offense.

Self-Defense Situations

Individuals who use a weapon in self-defense may still face charges if the prosecutor believes the use of force was not justified.

Investigations

Law enforcement may investigate weapon offenses based on tips, reports, or evidence discovered during other investigations.

Felon-in-Possession Cases

Parole or probation officers may conduct searches of felons’ residences, and discovery of a firearm can result in new charges.

Defending Against Weapon Crime Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Challenging the Legality of the Search

If law enforcement discovered the weapon during an illegal search, your attorney may file a motion to suppress the evidence. The Fourth Amendment protects against unreasonable searches and seizures. If the search was illegal, the weapon cannot be used against you.

Challenging Knowledge or Possession

The state must prove that you knowingly possessed the weapon. Defenses include:

• You did not know the weapon was present

• Someone else placed the weapon in your vehicle or home without your knowledge

• You did not have control over the weapon

Self-Defense or Defense of Others

If you used a weapon in self-defense, you may not be guilty. Self-defense requires that:

• You reasonably believed you were in imminent danger of serious bodily injury or death

• You used only the amount of force necessary to protect yourself

• You did not provoke the confrontation

Lack of Intent

Some weapon offenses require specific intent. For example, unlawful carrying requires that you intentionally carried the weapon. If you did not know you were carrying it, you may not be guilty.

Exceptions and Affirmative Defenses

Texas law provides exceptions and affirmative defenses for certain weapon offenses, including:

• Carrying a weapon on your own premises or premises under your control

• Carrying a weapon while engaged in lawful hunting or fishing

• Carrying a weapon while traveling

• Military and law enforcement exceptions

License to Carry Defense

If you were charged with unlawful carrying of a weapon, having a valid License to Carry (LTC) is a complete defense, provided you were not in a prohibited location.

The Weapon Crime Case Process

Understanding the process can help you navigate your case:

Step 1: Investigation or Arrest

Weapon crime cases often begin with an arrest during a traffic stop or domestic disturbance. If you become aware of an investigation, it is critical to contact an attorney before speaking with investigators.

Step 2: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions, which may include surrender of firearms.

Step 3: Pre-Trial Motions

Your attorney may file pre-trial motions to suppress evidence, challenge the legality of the search, or dismiss the charges.

Step 4: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Witness statements

• Body camera footage

• Evidence of the weapon

• Records of prior convictions (in felon-in-possession cases)

Step 5: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser offense

• Deferred adjudication

• Pretrial diversion

Step 6: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.

Frequently Asked Questions About Weapon Crimes

What is unlawful carrying of a weapon in Texas?

Unlawful carrying of a weapon occurs when a person carries a handgun or other weapon in certain prohibited locations or without the required license. It is a Class A misdemeanor.

Can I carry a gun in my car without a license in Texas?

Under Texas law, a person may carry a handgun in their vehicle without a License to Carry as long as the weapon is concealed and the person is not prohibited from possessing firearms. However, there are restrictions and exceptions.

What happens if I am a felon and I am caught with a gun?

Possession of a firearm by a felon is a third-degree felony under state law and a federal offense. Penalties include two to ten years in prison and the loss of any possibility of regaining firearm rights.

Can I use a gun to defend myself in Texas?

Texas law allows the use of deadly force in self-defense if you reasonably believe it is necessary to protect yourself from imminent death or serious bodily injury. However, the use of force must be proportional to the threat.

What is the Castle Doctrine in Texas?

The Castle Doctrine allows a person to use deadly force to protect their home, vehicle, or workplace if they reasonably believe it is necessary to prevent imminent death or serious bodily injury or to prevent the commission of certain violent crimes.

What is a prohibited weapon in Texas?

Prohibited weapons include machine guns, short-barreled firearms, armor-piercing ammunition, explosive weapons, chemical dispensing devices, and zip guns. Possession of these weapons is a third-degree felony.

Can I get my gun rights back after a felony conviction?

Under federal law, a felony conviction results in a permanent loss of firearm rights. There is no restoration of rights for federal purposes. Under Texas law, rights may be restored in limited circumstances after certain periods of time.

What should I do if I am charged with a weapon crime?

Do not speak to law enforcement without an attorney. Do not consent to searches without a warrant. Contact an experienced criminal defense attorney immediately.

How does a weapon crime affect my self-defense claim?

If you used a weapon in self-defense, you may still be charged. Your attorney must present evidence to establish that your use of force was justified under Texas law.

Do I need an attorney for a weapon crime charge?

Yes. Weapon crimes can result in loss of firearm rights, years in prison, and lasting consequences for your freedom and your rights. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Weapon crimes are among the most serious criminal offenses in Texas. A conviction can result in years in prison, the permanent loss of your Second Amendment rights, and lasting consequences for your freedom and your future. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against weapon crime charges in the Nueces County criminal courts.

Our attorneys understand the unique challenges of these cases—the importance of challenging illegal searches, the nuances of self-defense law, and the devastating consequences of a felony conviction on firearm rights. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that weapon crimes often arise in situations where individuals were defending themselves or exercising their Second Amendment rights. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.

Protect Your Rights and Your Freedom Today

If you are charged with a weapon crime, your freedom, your Second Amendment rights, and your future are on the line. A conviction can result in years in prison, the permanent loss of your right to possess firearms, and lasting consequences for your career and your family. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against weapon crime charges and protect your rights.

Main Category: Criminal Defense Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780