Facing Weapon Crime Enhancements in San Antonio? A Conviction Can Lead to Devastating Consequences.

In Texas, a criminal allegation involving a weapon is severe on its own. However, the presence of an “enhancement” or “aggravating factor” can transform a serious charge into a catastrophic one, multiplying potential prison time and creating lifelong penalties. Prosecutors in Bexar County aggressively seek enhancements to leverage maximum sentences, turning what might be a defendable case into a fight for decades of your freedom. At Barton & Associates, our experienced San Antonio weapon crime defense attorneys specialize in defending against these escalated charges. We understand the specific statutes, from the Texas Penal Code to federal sentencing guidelines, and we build aggressive defense strategies to challenge the enhancement itself and protect you from its life-altering impact.

What Are Weapon Crime Enhancements and Aggravating Factors?

An enhancement is not a separate crime; it is a legal add-on that increases the severity and punishment range of the underlying weapon charge. It acts as a multiplier on your potential sentence. These enhancements are triggered by specific circumstances related to the alleged offense, your background, or how the weapon was used. The prosecution bears the burden of proving the enhancement beyond a reasonable doubt, often during a separate “punishment phase” after a guilty verdict or plea. Successfully challenging an enhancement can mean the difference between probation and a decade in prison, or between a 10-year sentence and a life term. Our defense begins by dissecting the alleged enhancement to find its weaknesses.

Common Texas and Federal Enhancement Triggers

Enhancements can arise from various factors under both Texas state law and the federal sentencing system. Understanding these triggers is crucial to building a defense.

Texas State Law Enhancements (Texas Penal Code & Code of Criminal Procedure):

• Use or Exhibition of a Deadly Weapon During a Felony (PC §12.35(c), PC §22.02): If a deadly weapon is “used or exhibited” during the commission of a felony or during immediate flight from a felony, the offense is punished at the next higher category. A state jail felony becomes a third-degree felony; a third-degree becomes a second-degree, and so on. This is one of the most common and severe enhancements.
• Prior Conviction Enhancements (Habitual Offender Statutes – PC §12.42): Texas has stringent “habitual offender” laws that dramatically enhance punishment for repeat felons.
  • A prior felony conviction can enhance punishment to the next highest degree.
  • Two prior sequential felony convictions can result in a mandatory sentence of 25 to 99 years, or life.
• Engaging in Organized Criminal Activity (PC §71.02): If the weapon crime is alleged to have been committed as part of a gang or criminal enterprise, it is automatically classified as a felony of the first degree, regardless of the underlying offense level.
• Commission of a Crime in a “Weapon-Free” or Sensitive Location: While “drug-free zone” enhancements are well-known, the use of a weapon in certain locations (e.g., near a school, on premises licensed to sell alcohol) can also lead to enhanced penalties or separate charges.

Federal Sentencing Enhancements (U.S. Sentencing Guidelines – §2K2.1):

In federal court, enhancements are calculated through a complex point system under the U.S. Sentencing Guidelines. Key enhancement triggers for weapon crimes include:

• Prior Criminal History: Points are added for prior felony convictions, especially for crimes of violence or controlled substance offenses.
• Weapon Type and Characteristics: The involvement of a firearm that is stolen, has an altered serial number, or is a prohibited weapon (e.g., machine gun, sawed-off shotgun) adds significant levels.
• Connection to Other Criminal Activity: The most severe enhancements apply if the firearm was used in connection with another felony offense, especially a “crime of violence” or drug trafficking crime. This is distinct from the standalone charge under 18 U.S.C. § 924(c) but similarly increases the guideline range.
• Number of Weapons: Trafficking or possessing a large number of firearms leads to increased offense levels.

The Dramatic Impact of an Enhancement: From Years to Decades

The practical effect of an enhancement cannot be overstated. It changes the entire landscape of your case and your future.

State Court Example:

• Underlying Charge: Aggravated Assault with a Deadly Weapon (Second-Degree Felony).
• Standard Penalty Range: 2 to 20 years in a Texas Department of Criminal Justice (TDCJ) prison.
• With a “Habitual Offender” Enhancement (Two Prior Felonies):
• Enhanced Penalty Range: Life, or 25 to 99 years in TDCJ.

Federal Court Example:

• Underlying Charge: Felon in Possession of a Firearm (18 U.S.C. § 922(g)).
• Base Guideline Range: (Hypothetically) 30-37 months.
• With Enhancements for a stolen firearm + connection to drug trafficking: The guideline range can easily escalate to 120+ months (10 years) or more.

Beyond prison time, a conviction on an enhanced felony charge guarantees:

• Permanent, irrevocable loss of the right to own or possess firearms under both state and federal law.
• Extended parole ineligibility (state) or no possibility of parole (federal).
• Maximum fines and court costs.
• A permanent stigma that destroys employment, housing, and professional licensing opportunities.

Our Defense Strategy: Attacking the Enhancement from Every Angle

At Barton & Associates, we do not simply defend the underlying charge; we wage a targeted fight against the enhancement allegation. Our multi-layered strategy is designed to de-escalate the case and minimize your exposure.

1. Challenging the Legal Sufficiency of the Enhancement Allegation: The prosecution must prove every element of the enhancement. We file pre-trial motions arguing that the alleged facts, even if true, do not legally meet the definition of the enhancement. For example, was the weapon truly “used or exhibited,” or was it merely present? Does the prior conviction qualify under the specific statute? We force the state to prove its case on this front before trial.
2. Negotiating to Remove the Enhancement from a Plea Agreement: In many cases, the most effective path is to negotiate a plea to the base-level offense, with the enhancement allegation dismissed. Our attorneys’ deep knowledge of local Bexar County prosecutors and our reputation as trial-ready litigators give us significant leverage in these negotiations. We demonstrate the weaknesses in their enhancement case to secure a just resolution.
3. Contesting the Underlying Facts at a Punishment Hearing: If the case proceeds to a guilty verdict or plea, we fight the enhancement during the punishment phase. We present mitigating evidence, cross-examine state witnesses, and argue to the judge or jury why the enhanced penalty is unjust. This includes presenting evidence of your background, rehabilitation, employment, and family support.
4. Attacking the Foundation: Suppressing Evidence from Illegal Searches: As highlighted on our main page, a foundational defense is challenging the stop or search that discovered the weapon. If we succeed in suppressing the firearm evidence via a Motion to Suppress, the enhancement allegation—which depends on the existence of the weapon—often collapses entirely.
5. Scrutinizing Prior Convictions for Invalidity: For habitual offender enhancements, we conduct a forensic review of the alleged prior convictions. Were you properly represented by counsel? Was the plea entered knowingly and voluntarily? In some cases, we can collaterally attack an old conviction, potentially removing it as a predicate for enhancement.

The Critical Role of Expert Legal Representation

Facing an enhanced weapon charge without an attorney who specifically understands this complex area is akin to surrender. The stakes are too high.

• Procedural Complexity: Enhancement issues involve intricate legal procedures, from notice requirements to bifurcated trials (guilt/innocence phase separate from punishment phase).
• Strategic Negotiation: Prosecutors use enhancements as their most powerful bargaining chip. An attorney who does not know how to counter this leverage will be forced into disadvantageous pleas.
• Sentencing Advocacy: Mitigating an enhanced sentence requires a specialized skill set to present your life story in the most compelling, legally relevant way possible.

Why Barton & Associates for Your Enhancement Defense in San Antonio?

• Former Prosecutorial Insight into Enhancement Strategies: Our attorneys know exactly how the Bexar County District Attorney’s Office builds and argues for enhancements. We anticipate their tactics and identify flaws in their legal and factual theories from day one.
• A Record of Success in High-Stakes Cases: We have successfully had enhancement allegations dropped pre-trial, won punishment hearings resulting in sentences far below the enhanced range, and secured favorable plea agreements that avoided lifelong consequences for our clients.
• Comprehensive Case Analysis: We investigate every aspect—the current allegation, the legality of the search, and the validity of any prior convictions—to build a unified defense against the enhanced penalty.
• Trial-Ready to Protect Your Leverage: Prosecutors know we will take a case to trial if the enhancement allegation is unjust. This trial-tested reputation is your greatest asset in negotiations.

Immediate Action is Your Best Defense

The prosecution begins building its case for enhancement from the moment of arrest. Early intervention by our team allows us to:

• Secure and preserve evidence that may disprove the enhancement.
• Begin negotiations with the prosecutor before their position hardens.
• File critical pre-trial motions to limit or dismiss the enhancement.
• Develop a comprehensive strategy that addresses both the charge and the enhancement from the outset.

Do not wait. Do not assume the enhancement is unavoidable.

Contact Barton & Associates immediately for a defense that fights the full weight of the charge. If you or a loved one is facing a weapon charge in San Antonio, Austin or Corpus Christi, Texas that includes an enhancement for prior convictions, gang affiliation or use of a deadly weapon, your future depends on specialized, aggressive defense. Call 210-500-0000 today for a confidential consultation. Let our knowledge of Texas and federal enhancement laws, our relentless advocacy, and our commitment to your future protect you from a lifetime of consequences.

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