Facing Federal Weapon Crimes in San Antonio? Your Defense Demands Specialized Strategy.

An indictment for a federal weapon crime is a legal emergency. Unlike state court, the federal system operates with vastly different rules, harsher penalties, and a conviction rate exceeding 90%. When agencies like the ATF, FBI, or Homeland Security Investigations (HSI) lead a case in the Western District of Texas, the full power of the United States government is arrayed against you. At Barton & Associates, our San Antonio federal weapon crimes defense attorneys bring essential former federal insight and relentless advocacy to your case. We do not just defend charges; we dismantle the government’s case through meticulous preparation and a deep understanding of the high-stakes federal arena.

The Critical Divide: Federal vs. Texas State Weapon Charges

Understanding the federal landscape is the first step in mounting an effective defense. Federal weapon prosecutions are fundamentally different from state charges in Bexar County:

• Investigative Power: Federal agencies employ sophisticated, long-term techniques—electronic surveillance, undercover operations, confidential informants, and multi-agency task forces—to build extensive, often multi-defendant cases.
• The Grand Jury Indictment: Your case begins in secret. A federal grand jury, presented with evidence only from the prosecution, decides whether to issue an indictment. You and your attorney are not present, and there is no opportunity for cross-examination at this stage.
• The U.S. Sentencing Guidelines & Mandatory Minimums: If convicted, your sentence will be calculated under the complex U.S. Sentencing Guidelines, heavily influenced by your criminal history and the specifics of the offense. More devastating are federal mandatory minimum sentences, enacted by Congress, which strip judges of discretion and require prison terms of 5, 10, or even 15 years to life, regardless of circumstances.
• Prosecution in the Western District of Texas: The federal courthouse in San Antonio is part of a district known for its experienced and aggressive Assistant U.S. Attorneys. Cases here often involve interstate trafficking, organized crime ties, and severe penalties.

Common Federal Weapon Crimes We Defend in San Antonio

Our attorneys have extensive experience defending clients against the full spectrum of federal firearm offenses under Title 18 of the U.S. Code, including:

• Felon in Possession of a Firearm (18 U.S.C. § 922(g)): This is one of the most commonly charged federal weapon crimes. It prohibits firearm possession by any person convicted of a crime punishable by more than one year in prison (a felony), among other categories. A prior state felony conviction in Texas is typically the predicate for this charge.
• Possession of a Firearm in Furtherance of a Drug Trafficking Crime or Crime of Violence (18 U.S.C. § 924(c)): This charge adds a mandatory, consecutive prison sentence to any other penalty. A first conviction mandates an additional 5 years in prison; a second or subsequent conviction mandates an additional 25 years. These sentences must be served after any sentence for the underlying crime.
• Unlawful Dealing in Firearms Without a License (18 U.S.C. § 922(a)): Prosecutors may allege you are “engaged in the business” of dealing firearms without a Federal Firearms License (FFL), based on the frequency of sales, quantity of weapons, or intent to profit.
• Making False Statements in Connection with a Firearm Purchase (18 U.S.C. § 922(a)(6)): Lying on the required ATF Form 4473 about your identity, criminal history, or drug use is a federal felony.
• Possession of an Unregistered National Firearms Act (NFA) Weapon (26 U.S.C. § 5861): This covers illegal possession of machine guns, short-barreled rifles or shotguns, silencers (suppressors), and destructive devices without proper federal registration and tax payment.
• Firearms Trafficking & Straw Purchasing Conspiracies (18 U.S.C. § 371 & 922): Federal law aggressively targets schemes where individuals illegally purchase firearms for those who cannot legally buy them, or where weapons are transported across state lines for illegal sale.

The High-Stakes Federal Criminal Process

Navigating the federal procedural maze requires precision and proactive strategy. The timeline is relentless, and missteps can be catastrophic.

1. Investigation & Pre-Indictment: This is the most critical phase for defense intervention. Federal agents are building their case. An attorney can engage in pre-indictment negotiations, present exculpatory evidence to the prosecutor to dissuade an indictment, or advise you during interactions with investigators.
2. Arrest & Initial Appearance: After an indictment, you will be arrested and brought before a U.S. Magistrate Judge. The issue of detention (bond) is argued. Given the severity of the charges, prosecutors will argue for detention without bond. We prepare compelling arguments for your release under strict conditions.
3. Arraignment & Plea: You are formally read the charges and enter a plea (almost always “not guilty” at this stage to allow for discovery and negotiation).
4. Discovery & Pre-Trial Motions: The government provides evidence. Our attorneys file critical motions to suppress evidence from illegal searches or seizures, challenge the credibility of informants, contest forensic evidence, or seek dismissal of charges for lack of specificity or constitutional violations.
5. Plea Negotiations: Over 97% of federal cases are resolved by plea agreement. However, not all pleas are equal. We negotiate for charge reductions, favorable sentencing stipulations, and cooperation agreements that can lead to a government motion for a sentence below the mandatory minimum (“5K1.1 motion”).
6. Trial: If no just plea is offered, we are fully prepared to try your case before a jury in the San Antonio federal courthouse. We challenge the government’s forensic evidence, attack informant testimony, and hold the prosecution to its high burden of proof.
7. Sentencing: If convicted, we mount a vigorous sentencing advocacy campaign, presenting mitigation evidence and arguing for variances below the harsh guideline range.

Our Defense Philosophy: Attack the Foundation, Control the Narrative

In federal court, a passive defense is a losing defense. Our approach is multidimensional and aggressive, built on our insight as former federal prosecutors.

• Attack the Investigation’s Legality: We scrutinize every search warrant, wiretap authorization, and interrogation. Did the affidavit for the warrant establish probable cause? Was the scope of the search exceeded? A successful suppression motion can cripple the government’s case.
• Challenge Forensic & Chain of Custody Evidence: We retain top experts to challenge ATF lab reports, firearm tracing methods, and the handling of evidence. Breaks in the chain of custody can render key evidence inadmissible.
• Expose Informant & Cooperating Witness Motives: The government’s case often hinges on witnesses seeking reduced sentences. We conduct ruthless cross-examination to expose their biases, incentives to lie, and criminal histories, destroying their credibility before the jury.
• Defuse the “In Furtherance Of” Charge (§ 924(c)): We fight the government’s attempt to link mere possession of a firearm to an underlying drug or violent crime. We argue the firearm was unrelated or present for lawful protection.
• Strategic Use of Cooperation & Plea Negotiations: We provide clear-eyed advice on the risks and potential benefits of cooperation. If in your best interest, we negotiate structured agreements that provide tangible benefits, always protecting your rights and minimizing exposure.

The Severe Consequences of a Federal Weapon Conviction

The penalties are designed to be life-altering and permanent:

• Decades in Federal Prison: Sentences are served in a federal prison, often far from Texas, with no parole. Good time credits are limited.
• Colossal Fines and Supervised Release: Fines can reach $250,000 per count. After prison, you face years—often a lifetime—of strict federal supervised release.
• Permanent Loss of Gun Rights & Civic Participation: A felony conviction results in a lifetime federal prohibition on firearm possession. You will also lose voting rights while incarcerated and face barriers to professional licenses.
• The “Federal Felon” Stigma: This label follows you forever, affecting every future job application, housing opportunity, and family endeavor.

Why Barton & Associates is Equipped for Your Federal Fight

Choosing the right attorney is the most consequential decision you will make. Our firm is built for federal defense.

• Former Federal & State Prosecutors: Our lead attorneys have served as Assistant U.S. Attorneys. We know how the government builds cases, thinks, and negotiates. This insider perspective is invaluable in anticipating strategy and exploiting weaknesses.
• Direct Experience in the Western District of Texas: We have argued motions, negotiated pleas, and tried cases in the very San Antonio courtroom where your case will be heard. We know the judges, court rules, and local practices.
• A Proven Record of Challenging Complex Evidence: We have successfully suppressed evidence from illegal searches, won evidentiary hearings, and excluded expert testimony, leading to dismissed charges and favorable resolutions.
• Resources to Match the Government: We invest in expert witnesses, forensic consultants, and investigative resources to challenge the government at every turn.
• A Reputation for Trial Readiness: Prosecutors know we are unafraid to go to trial. This reputation gives our negotiation stance powerful credibility, often leading to better pre-trial outcomes.

The Time to Act is Now: Federal Cases Move Quickly

From the moment you become a target, the federal machine is in motion. Early intervention is not just an advantage—it is a necessity. Evidence can be preserved, witnesses can be interviewed, and a defensive narrative can be established before the indictment is even filed.

Do not speak to federal agents without an attorney. Any statement you make can be used to construct the case against you.

Contact Barton & Associates immediately for a strategic defense. If you are under federal investigation or have been charged with a weapon crime in the Western District of Texas, San Antonio, Austin or Corpus Christi, Texas, call 210-500-0000 without delay. We will provide a confidential, honest assessment of your situation and begin building the powerful, proactive defense your future demands. Your freedom is worth a defense built for federal court.

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