Austin Weapons Charges Lawyer

When you face weapons charges in Texas, you need an attorney who understands both the Second Amendment protections and the complex web of regulations that can lead to criminal charges despite your good intentions.

The consequences of a weapons charge can escalate quickly, making early legal representation essential. Call (512) 547-7265 to consult with one of our experienced Austin weapons charge lawyers at O’Connell West, PLLC, who will protect your constitutional rights and fight for your freedom.

Information on Crimes Involving Weapons in Texas

Texas law strictly regulates the possession, use, and transfer of weapons. Violations can lead to criminal charges, fines, and prison time. The specific legal definitions and statutes can be found in Chapter 46 of the Texas Penal Code.

What is Considered a Weapon in Austin?

In Austin, TX, the law broadly defines what may constitute a weapon. Weapons include objects designed to inflict harm or used or intended for use in a threatening manner, including the following:

• Firearms (handguns, rifles, shotguns, short-barreled)
• Machine guns
• Firearm silencers
• Armor-piercing ammunition
• Location-restricted knife (blade over five and a half inches)
• Switchblades
• Explosives (bombs, grenades, rockets)
• Improvised explosive device
• Hoax bombs
• Brass knuckles
• Swords
• Stun and zip guns
• Clubs (blackjacks, nightsticks, maces, tomahawks)
• Chemical dispensing devices
• Tire deflation device (caltrop or spike strip)

Weapons can vary widely, and certain objects may qualify as weapons depending on context and intent. Knowing what the law includes helps prevent accidental violations.

Common Weapon Offenses Defined by the Texas Penal Code

Texas prosecutes various weapons offenses under state law that carry serious penalties, including incarceration and permanent loss of gun rights. Our Austin weapons charge attorneys defend clients against the full range of state charges:

• Unlawful carrying of a weapon under Texas Penal Code §46.02
• Possession of prohibited weapons under Texas Penal Code §46.05
• Unlawful possession of a firearm by a felon under Texas Penal Code §46.04
• Deadly conduct under Texas Penal Code §22.05
• Aggravated assault with a deadly weapon – Texas Penal Code §22.02
• Making a firearm accessible to a child under Texas Penal Code §46.13
• Possession of a weapon in a prohibited location under Texas Penal Code §46.03
• Carrying a weapon while intoxicated under Texas Penal Code §46.02(a-6)
• Illegal discharge of a firearm under Texas Penal Code §46.03
• Discharging a firearm in certain municipalities under Texas Penal Code §42.12

Each offense carries distinct elements that the prosecution must prove beyond a reasonable doubt, and we scrutinize every aspect of the state’s case to identify weaknesses and build your defense. Many weapons charges stem from misunderstandings about where you can legally carry or mistakes about your eligibility to possess firearms.

Penalties Commonly Associated with Weapons Crimes

Weapons convictions can result in penalties ranging from fines to long prison terms, depending on the offense and your prior record:

• Class C Misdemeanor: Fine up to $500
• Class B Misdemeanor: Up to 180 days in jail and a fine of up to $2,000
• Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000
• State Jail Felony: 180 days to 2 years in state jail and a fine up to $10,000
• Third Degree Felony: 2 to 10 years in prison and a fine of up to $10,000
• Second Degree Felony: 2 to 20 years in prison and a fine of up to $10,000
• First Degree Felony: 5 to 99 years or life in prison and a fine of up to $10,000

Beyond incarceration and fines, weapons convictions can permanently strip away your right to possess firearms under both state and federal law. Felony convictions also eliminate voting rights, damage employment prospects, and create barriers to housing and professional licensing that affect the rest of your life.

Potential Defenses for an Austin Weapons Charge

We examine every aspect of your case to identify viable defenses that can result in dismissal, acquittal, or reduced charges. Our attorneys develop strategies tailored to the specific facts surrounding your arrest:

• Unlawful search and seizure
• Lack of knowledge
• Mistake of fact
• Self-defense necessity

Each defense requires careful factual development and legal analysis to present persuasively to judges and juries. We investigate the circumstances of your arrest, interview witnesses, and retain expert witnesses when necessary to support your defense strategy.

Contact a Reputable Austin Weapons Charge Lawyer Today

Weapons charges progress rapidly through the criminal justice system, and waiting to obtain legal representation can seriously damage your case. We serve as fierce legal advocates with more than 80 years of combined experience representing clients facing weapon charges in state and federal courts.

Our background as former state and federal prosecutors gives us unique insight into how the government builds weapons cases and what defenses prove most effective in achieving favorable outcomes. Don’t face these serious allegations alone, experienced Austin weapons charge attorneys at our firm are ready to defend you.

Contact O’Connell West, PLLC at (512) 547-7265 or complete our online contact form to schedule a consultation.