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© 2023 by Thornton Criminal Defense, PLLC.
Atascosa Office:
216 N Bryant St
Pleasanton, Texas 78064
FORMER CHIEF PROSECUTOR
PERSONALIZED ATTENTION TO YOUR CASE
NO HOURLY RATES, ALWAYS A FLAT FEE
CLIENT CENTERED APPROACH TO YOUR CASE
BOARD CERTIFIED IN CRIMINAL LAW
OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Prohibited Weapons
Texas Penal Code § 46.05 - POSS PROH FIREARM
Prohibited Weapons Attorney in San Antonio, Texas
Pursuant to Texas Penal Code section 46.05, it is illegal to intentionally or knowingly possess, manufacture, transport, repair, or sell certain weapons in the state of Texas, unless the item is registered or otherwise exempt. These prohibited weapons include:
Explosive weapons: These are any devices that are designed or intended to cause an explosion, including bombs, grenades, and mines.
Machine guns: These are firearms that are designed to shoot more than one shot automatically, without the need to manually reload, by a single function of the trigger.
Short-barrel firearms: These are firearms with a barrel length of less than 16 inches or an overall length of less than 26 inches.
Armor-piercing ammunition: This is ammunition that is designed to penetrate body armor or other protective materials.
Chemical dispensing devices: These are devices that are designed or intended to dispense chemical agents, such as pepper spray or tear gas.
Zip guns: These are improvised firearms that are made from various materials and are often poorly made and unreliable.
Tire deflation devices: These are devices that are designed to puncture or deflate the tires of a vehicle.
Improvised explosive devices: These are homemade bombs that are constructed using various materials and are often intended to cause significant damage or destruction.
It should be noted that it is a defense to prosecution under this section if the actor's conduct was incidental to the performance of official duty by the armed forces, national guard, a governmental law enforcement agency, or a correctional facility.
Defenses to Prohibited Weapons
If you have been charged with possession of a prohibited weapon in Texas, you may be able to raise certain defenses to try to avoid a conviction. Some potential defenses to prohibited weapon charges include:
Lack of knowledge: In order to be found guilty of possession of a prohibited weapon in Texas, the prosecution must prove that you knew you were in possession of the weapon. If you did not know that you were in possession of the weapon, or if you did not know that the item you were in possession of was a prohibited weapon, you may be able to assert a defense of lack of knowledge.
Right to carry: If you are a peace officer, a member of the armed forces, or a licensed security officer, you may be exempt from the prohibition on possession of certain types of prohibited weapons. If you are relying on this exemption, you will need to present evidence that you are a peace officer, a member of the armed forces, or a licensed security officer and that you were acting within the scope of your official duties at the time of the offense.
Constitutional issues: Depending on the circumstances of your case, you may be able to raise constitutional issues as a defense to the possession of a prohibited weapon. For example, if the police violated your Fourth Amendment rights by searching your home or vehicle without a warrant or probable cause, you may be able to have the evidence against you suppressed, which could result in the dismissal of your case.
It is important to note that these are just a few examples of potential defenses to prohibited weapon charges in Texas, and the specific defenses that may be available to you will depend on the circumstances of your case. If you have been charged with possession of a prohibited weapon, it is always advisable to consult with a criminal defense attorney to discuss your options and to determine the best course of action for your case.
Punishment Ranges
Level of Offense
Potential Incarceration
Potential Fine
First-degree Felony
Second-degree Felony
Third-degree Felony
State Jail Felony
Class A Misdemeanor
Class B Misdemeanor
2 - 10 years in prison
180 days - 2 years in jail
Up to 1 year in jail
Up to 180 days in jail
2 - 20 years in prison
5 - 99 years in prison
Up to $10,000
Up to $10,000
Up to $10,000
Up to $10,000
Up to $4,000
Up to $2,000
Penalties for Prohibited Weapons in Texas
The penalties for possession of prohibited weapons in Texas depend on the specific type of weapon and the circumstances of the offense.
Under Texas Penal Code section 46.05, possession of an explosive weapon, machine gun, short-barrel firearm, armor-piercing ammunition, chemical dispensing device, zip gun, or improvised explosive device is generally a third-degree felony, which is punishable by 2 to 10 years in prison and a fine of up to $10,000.
The possession of a tire deflation device is a state jail felony.
It should be noted that these penalties can vary depending on the specific circumstances of the offense and the defendant's criminal history. It is always advisable to consult with a criminal defense attorney for more information about the potential penalties for possession of prohibited weapons in Texas.
Attorney Brad Thornton
If you have been charged with possession of a prohibited weapon in San Antonio, Texas, it is important to take the charge seriously and to seek legal representation as soon as possible. Board-certified criminal defense attorney Brad Thornton is an experienced and highly qualified attorney who can help you navigate the legal system and defend your rights.
There are several reasons why you should consider calling Brad Thornton for a free consultation if you have been charged with possession of a prohibited weapon in San Antonio. First, Brad Thornton is a board-certified criminal defense attorney, which means that he has demonstrated a high level of knowledge and expertise in the field of criminal law. This can be especially important in complex cases involving prohibited weapons, as these charges can carry significant penalties and require a thorough understanding of the law.
In addition to his board certification, Brad Thornton is also a former chief prosecutor, which gives him a unique perspective on how the prosecution is likely to approach your case. This experience can be invaluable in developing a defense strategy and negotiating with the prosecution to try to obtain the best possible outcome for your case.
Finally, Brad Thornton is committed to providing personalized and compassionate representation to his clients. He understands that being charged with a crime can be a stressful and overwhelming experience, and he is dedicated to helping his clients navigate the legal system and achieve the best possible outcome in their cases. If you have been charged with possession of a prohibited weapon in San Antonio, Texas, do not hesitate to call Brad Thornton for a free consultation to discuss your options and to learn more about how he can help.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the "other side" and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
David I.
Seguin, Texas
Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call.
Brian F.
San Antonio, Texas
I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.
Elaine B.
San Antonio, Texas
Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%!
Kevin E.
Jourdanton, Texas
[Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does.