Texas is a state that highly values the Second Amendment, however, if you have been charged with a gun-related crime here, you face more than losing your firearm privileges. You may face incarceration and fines, as well as criminal charges exacerbated by the presence of a deadly weapon. The first step you need to take is to retain the services of an experienced Dallas gun crime lawyer because a conviction, regardless of your guilt or innocence, will follow you for the rest of your life.
Value the Fifth Amendment as much as you value the Second. Do not answer any questions from law enforcement or anybody else before you consult a gun offense attorney. At M|C Criminal Law, we represent those charged with firearms crimes in Dallas and North Texas, including Denton, Fort Worth, and McKinney. Although we strive to resolve most of our clients’ cases before they go to trial, we also have a formidable record of successfully defending our clients in court. Tell us more about your situation so that we can discuss your options.
The unlawful carrying of a weapon (UCW) in Texas refers to when a person who is not legally allowed to carry a handgun or other dangerous weapon does so. Persons under the age of 21, with specific previous convictions, under protective orders that prohibit them from possessing a firearm, under the influence of drugs or alcohol, or those deemed mentally unfit are not allowed to carry a firearm. UCW charges may also be brought against persons who are legally permitted to carry a firearm but do so in designated gun-free zones, such as schools, government buildings, and private businesses that do not allow firearms. A UCW charge is typically a class A misdemeanor, which can be sanctioned with a fine of up to $4,000 and up to one year in state jail. While these consequences are severe, prosecutors can further enhance the charges based on the circumstances of the case. If you are being accused of UCW in Dallas, it is critical you consult a Dallas firearm offenses law firm before the charges are even brought forth.
Under Texas law, convicted felons are prohibited from possessing a firearm for five years after they have been convicted of the felony and released from prison or probation. After the five-year period has passed, a felon is only allowed to possess a firearm in their place of residence, but nowhere else. In all other cases, they may be charged with unlawful possession of a firearm by a felon if caught carrying a firearm, which is a third-degree felony with a penalty of between two to 10 years in prison and a fine of up to $10,000. Federal law is even more strict – a convicted felon cannot possess a firearm even after five years have passed. Additionally, possession is broadly defined in Texas as the ‘actual care, custody, control or management’; thus, a person does not have to be in physical control of a firearm to be charged with possession. Unfortunately, if you have a felony conviction and are found in the same house or vehicle with a firearm that is not your own, there could still be sufficient evidence to charge you with unlawful possession of a firearm by a felon in Dallas. In any and all cases, you need Dallas gun crime lawyers by your side.
A person can be charged with deadly conduct if they knowingly use or display a weapon in a way that endangers others, even without intending harm. The key factor is the intention to commit the act itself, like brandishing a weapon to intimidate, not whether they intended to cause injury. This can mean that knowingly discharging a weapon in the direction of a person, or a vehicle or a building, while being reckless as to whether they are occupied, can lead to a charge of deadly conduct; a person can be charged with deadly conduct even if they believed the weapon was not loaded. Deadly conduct can be classified as a class A misdemeanor or third-degree felony, based on the circumstances of the case. The best way to beat deadly conduct charges is to have experienced gun offense attorneys challange the facts of the case from the very beginning. Do not risk fighting this on your own.
The gun offense attorneys at M|C Criminal Law began their legal careers on the other side of the courtroom as prosecuting attorneys, which allows us to excel as criminal defense lawyers.
We can dispute gun crime charges on various grounds, including the circumstances of possession, whether you were actually in possession of a firearm or it was merely near you, and whether you were in actual violation of Texas’ concealed or open carry laws. The prosecution needs to prove guilt with incontrovertible evidence – we will challenge it.
Our team of Dallas gun crime lawyers will always fight tenaciously against those who want to convict our clients, while striving to offer compassionate and personal counsel at every step of your case. We will use all of the resources at our disposal to get the best possible outcome.
Kendall is an extraordinary attorney with great legal knowledge, experience, common sense and judgement. The quality of Kendall’s character is equally outstanding. He deeply cares about his clients and doing the very best for them. Kendall was an invaluable counsel and resource in in our difficult domestic child abuse case. I am honored to know
Messina Madson is the greatest!! She not only knows the law in and out, but truly cares for her clients. Messina was up front and honest about everything happening throughout my case. I spoke to Messina for the first time while I was in jail and thought I had zero chance of getting out on
My loved one had a very serious charge, and I wanted to do everything I could to make sure he got the best outcome possible. After almost a year, the plea deal stayed the same, and I was frustrated. Also getting his bond reduced was denied over and over. Someone I work with told me
When I first learned I needed a defense lawyer for some very serious charges I was lost and scared, and feared the worst. I saw my life spinning out of control with the possibility of losing everything and even jail. I had never needed a lawyer and didn’t know who to turn to. Kendall Castello
Texas statute defines a firearm as anything made or adapted to expel a projectile through a barrel by an explosion or burning, or anything that can be adapted to these characteristics. These would include handguns, shotguns, rifles, machine guns, zip guns, and other similar devices.
Some are class A misdemeanor offenses punishable by up to one year in jail and up to $4,000 in fines. These include discharging a weapon within the limits of any city with a population of 100,000 or more (without aiming it at any person), illegally selling a firearm, unlawfully carrying a firearm, and carrying a concealed weapon in a place where it is not allowed, so long as you are charged under Texas state law and not federal law. Most other offenses rise to third-degree felonies punishable by up to 10 years in prison and up to $10,000 in fines. Such offenses include discharging a weapon in the direction of someone, violating a conceal-and-carry license, carrying a concealed weapon in violation of federal law, and carrying a weapon if you are a convicted felon.
Those prohibited from possession include persons convicted of a felony in the past five years, persons arrested for domestic violence and those who have a domestic restraining order issued against them, those with drug addictions or mental disabilities, and those fleeing from justice. Federal law prohibits possession by illegal immigrants and those in the United States with a nonimmigrant visa, those who have renounced their U.S. citizenship, and anyone dishonorably discharged from the military.
A person with a felony conviction is generally prohibited from obtaining a hunting license if it requires the use or possession of a firearm. A convicted felon may be issued a hunting license if it involves hunting with non-firearm hunting tools.
