Domestic Violence Weapon Offenses in Corpus Christi: Defending Against Enhanced Charges That Can Cost You Your Guns, Your Rights, and Your Freedom

When a domestic dispute involves a weapon, the stakes become exponentially higher. In Corpus Christi and throughout the Coastal Bend, allegations of domestic violence involving a firearm, knife, or any object used as a weapon trigger enhanced charges, mandatory minimum sentences, and the permanent loss of your Second Amendment rights. A simple family argument that might have resulted in a misdemeanor becomes a felony with years in prison. A protective order becomes a lifetime firearm prohibition under federal law. Your freedom, your gun rights, and your future are all on the line. When you are facing domestic violence weapon charges, you need a defense attorney who understands the unique intersection of family violence law and weapon offenses.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are charged with domestic violence weapon offenses. Whether you are accused of aggravated assault with a deadly weapon, possession of a firearm while subject to a protective order, or any other weapon-related domestic violence offense, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts and a deep understanding of federal firearm prohibitions, we guide our clients through every stage of the defense process.

Understanding Domestic Violence Weapon Offenses

When a domestic violence incident involves a weapon, the charges are significantly enhanced. Under Texas law, the presence of a weapon can elevate a simple assault to a felony with severe penalties.

Aggravated Assault Family Violence

Aggravated assault occurs when a person commits assault and:

• Causes serious bodily injury, or
• Uses or exhibits a deadly weapon

When the victim is a family member, household member, or dating partner, the offense becomes aggravated assault family violence. This is a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.

Deadly Weapon

Under Texas law, a deadly weapon is anything that:

• Is manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury (such as firearms or knives), or
• In the manner of its use or intended use, is capable of causing death or serious bodily injury

This second category is broad. A vehicle, a baseball bat, a hammer, or even a household object can be considered a deadly weapon if used in a manner capable of causing serious harm.

Possession of a Firearm While Subject to a Protective Order

Under both state and federal law, a person subject to a protective order is prohibited from possessing firearms. Under Texas law, possession of a firearm while subject to a protective order is a third-degree felony, punishable by two to ten years in prison.

Unlawful Possession of a Firearm by a Person Convicted of Family Violence

Under federal law (18 U.S.C. § 922(g)(9)), any person convicted of a misdemeanor domestic violence offense is prohibited from possessing firearms for life. This is known as the Lautenberg Amendment. A conviction for even a Class A misdemeanor family violence offense results in a lifetime federal firearm prohibition.

How Domestic Violence Weapon Charges Arise

Domestic violence weapon charges typically arise in several contexts:

Domestic Disputes That Escalate

A verbal argument escalates. In the heat of the moment, one party reaches for a weapon or threatens the other. Even if no physical contact occurs, the presence of a weapon can result in felony charges.

Protective Order Violations

If a protective order is in place, the mere presence of a firearm in the home can result in criminal charges. Even if the firearm belongs to someone else, a person subject to a protective order may be charged with possession.

Allegations of Weapon Use

The alleged victim may claim that a weapon was used or exhibited during the incident. In some cases, the allegation alone—without physical evidence—can result in charges.

Domestic Disturbance Calls

When officers respond to a domestic disturbance call, they may discover weapons in the home. If a protective order is in place or if the person is prohibited from possessing firearms, charges may follow.

False Allegations

In contentious divorces or custody disputes, false allegations of weapon use are not uncommon. A false claim that a weapon was used can result in felony charges that are difficult to defend.

The Consequences of a Domestic Violence Weapon Conviction

A conviction for a domestic violence weapon offense carries consequences that extend far beyond the criminal sentence:

Criminal Penalties

• Prison time: Two to twenty years for aggravated assault family violence; two to ten years for protective order violations
• Fine: Up to $10,000
• Probation: Often not available for offenses involving weapons

Loss of Firearm Rights

Under federal law, any person convicted of a misdemeanor domestic violence offense loses the right to possess firearms for life. There is no restoration of rights. This applies even if the offense did not involve a weapon.

Loss of Second Amendment Rights

A domestic violence weapon conviction results in the permanent loss of your Second Amendment rights. You will never legally possess a firearm again.

Mandatory Protective Orders

A domestic violence conviction almost always results in a protective order. Protective orders often:

• Prohibit contact with the alleged victim
• Require you to move out of your home
• Restrict your contact with your children
• Prohibit firearm possession

Child Custody Implications

A finding of family violence creates a rebuttable presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation, but it is a significant hurdle.

Professional Consequences

A domestic violence weapon conviction can affect:

• Employment in law enforcement, military, security, or any field requiring firearms
• Professional licensing
• Security clearances

Defending Against Domestic Violence Weapon Charges

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

Challenging the Allegations

Your attorney may challenge:

• Whether the alleged conduct occurred at all
• Whether the alleged conduct involved a weapon
• Whether the object in question meets the legal definition of a deadly weapon
• Whether the alleged victim’s account is credible
• Whether there are inconsistencies in the alleged victim’s statements

Self-Defense

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

• You reasonably believed you were in imminent danger of bodily injury
• You used only the amount of force necessary to protect yourself
• You did not provoke the confrontation

Even if a weapon was involved, self-defense may be a complete defense.

Defense of Others

Similarly, you may have the right to defend another person who was in danger, including a child or other family member.

False Allegations

If the allegations are false, your attorney can investigate and present evidence of:

• Inconsistencies in the alleged victim’s statements
• Motives to lie (divorce, custody disputes, protective orders)
• Witness testimony contradicting their account
• Evidence of prior false allegations
• Text messages, emails, or social media posts showing the alleged victim’s state of mind

Challenging the Protective Order

If you are charged with possession of a firearm while subject to a protective order, your attorney may challenge the validity of the protective order itself. Defenses include:

• The protective order was improperly issued
• The protective order has expired
• You were not properly served with the protective order

Lack of Knowledge

For possession charges, the state must prove that you knew the firearm was present. Defenses include:

• You did not know the firearm was in the home
• The firearm belonged to someone else
• You did not have control over the firearm

The Federal Firearm Prohibition for Domestic Violence (Lautenberg Amendment)

The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) prohibits any person convicted of a misdemeanor domestic violence offense from possessing firearms for life. Key aspects of this law:

What Qualifies as a Misdemeanor Domestic Violence Offense

The offense must:

• Be a misdemeanor under state or federal law
• Have as an element the use or attempted use of physical force
• Be committed by a person with a domestic relationship to the victim

Consequences

A conviction under this statute results in:

• Lifetime prohibition on firearm possession
• Potential federal prosecution for possession
• No restoration of rights

Defense

Your attorney may challenge:

• Whether the underlying conviction qualifies as a domestic violence offense
• Whether you had a domestic relationship with the victim
• Whether the conviction is still valid (expungement, set aside)

Protective Orders and Firearm Surrender

When a protective order is issued, the court may order you to surrender any firearms you possess. The order typically requires:

• Surrender to law enforcement
• Transfer to a third party who is not prohibited
• Proof of surrender filed with the court

Failure to surrender firearms can result in additional charges.

Frequently Asked Questions About Domestic Violence Weapon Offenses

What is aggravated assault family violence?

Aggravated assault family violence is a second-degree felony that occurs when a person commits assault against a family or household member and causes serious bodily injury or uses or exhibits a deadly weapon.

Can I lose my guns for a domestic violence charge without a conviction?

If you are subject to a protective order, you may be required to surrender your firearms even if you have not been convicted of a crime. Protective orders prohibit firearm possession under federal law.

What is the Lautenberg Amendment?

The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) prohibits any person convicted of a misdemeanor domestic violence offense from possessing firearms for life. There is no restoration of rights.

Can I ever get my gun rights back after a domestic violence conviction?

No. Under federal law, a conviction for a misdemeanor domestic violence offense results in a lifetime firearm prohibition. There is no restoration of rights.

What is the penalty for possessing a firearm while subject to a protective order?

Under Texas law, possession of a firearm while subject to a protective order is a third-degree felony, punishable by two to ten years in prison.

What is the difference between a deadly weapon and a firearm?

A firearm is always a deadly weapon under Texas law. Other objects can be considered deadly weapons based on how they were used.

Can a protective order be challenged?

Yes. A protective order can be challenged if it was improperly issued, if you were not properly served, or if the order has expired. Your attorney can help you challenge a protective order.

How does a domestic violence weapon conviction affect child custody?

A finding of family violence creates a rebuttable presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation.

What should I do if I am accused of domestic violence with a weapon?

Do not speak to law enforcement without an attorney. Do not contact the alleged victim. Preserve any evidence that may be relevant. Contact an experienced criminal defense attorney immediately.

Do I need an attorney for domestic violence weapon charges?

Yes. Domestic violence weapon charges can result in years in prison, lifetime loss of your Second Amendment rights, and lasting consequences for your family and career. 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

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

Our attorneys understand the unique intersection of family violence law and weapon offenses, the complexities of protective orders, and the devastating consequences of a Lautenberg Amendment prohibition. 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 domestic violence weapon cases often arise in the context of troubled relationships. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.

Protect Your Rights, Your Guns, and Your Future Today

If you are facing domestic violence weapon charges, 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 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 domestic violence weapon charges and protect your rights.

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