San Antonio Gun Possession Attorney

Expert Gun Possession Attorneys in San Antonio, Texas

Weapon crimes in Texas are taken seriously by law enforcement and the courts. The state has some of the most stringent laws related to weapons possession, use, and sale. A conviction for a weapons crime can result in serious penalties including long prison sentences and large fines. It is important to understand the various weapons-related laws that may be applicable to an individual’s situation before taking any action involving a weapon.

In Texas, there are generally three categories of offenses related to gun possession: (1) unlawful possession; (2) improper use; and (3) illegal sale or transfer. Unlawful possession includes not only possessing a weapon without a permit or license or while previously being convicted of a felony offense but also carrying a weapon in prohibited places such as schools, churches, or government buildings. Improper use applies to the intentional and unauthorized discharge of a weapon, as well as recklessly using a dangerous weapon for an illegal purpose. Illegal sale or transfer covers offenses such as selling weapons without a license, providing weapons to minors, and trafficking in firearms across state lines.

The penalties associated with violation of the laws related to weapons can be severe. They may include significant jail time and stiff fines, depending on the circumstances surrounding the crime and any prior criminal history. In some cases, defendants may also face enhanced sentences due to aggravating factors such as carrying a gun while committing another felony or using a weapon in connection with drug-related activities. A San Antonio gun possession attorney can provide essential legal counsel to individuals charged with gun-related offenses, helping them understand their rights and develop a strategic defense to fight the charges.

Types of Firearm-Related Offenses

There are a variety of gun-related offenses in the state of Texas, including:

• Unlawful Possession – possessing a firearm or other weapon without a permit, license, or other legal authorization. This can include carrying weapons in prohibited places such as schools, churches and government buildings. This also includes possessing a weapon illegally after previously being convicted of a prior felony offense.
• Sale or Transfer – selling firearms without a license, providing weapons to minors, and trafficking guns across state lines.
• Carrying Weapons – depending on the location and type of weapon involved, individuals may be found guilty of violating the law if they are caught carrying them without proper licensing.

Penalties for Gun Crimes

The penalties for gun crimes in the state of Texas can range from fines and community service to lengthy prison sentences. Depending on the circumstances surrounding the crime, such as any prior criminal history or aggravating factors, enhanced punishments may be applicable.

In some cases, aggravated charges may apply if a weapon was used during a violent offense or to commit another felony. Additionally, individuals found guilty of carrying weapons while engaging in organized criminal activity face even more serious consequences. The punishment for these offenses can include higher fines and longer prison terms than those charged with other weapons-related offenses. The San Antonio gun possession lawyer at Thornton Criminal Defense can provide invaluable legal representation, working to mitigate the potential penalties and develop a defense strategy that addresses the specific circumstances of the case.

Defenses to Weapon Charges

Fortunately, there are a variety of defenses that can be used to challenge weapon-related charges in San Antonio, Texas. These include:

• Lack of Knowledge – if an individual did not know they were carrying a weapon or was unaware it was unlawful, this may be cited as a defense.
• Necessity – in some cases, individuals involved in self-defense or other situations involving necessity may use this defense to avoid criminal charges for possessing or using a weapon.
• Improper Search and Seizure – if law enforcement officers violated an individual’s rights by searching their property without permission or probable cause, any weapons discovered may not be used as evidence against them.
• Insufficient Evidence – if there is not enough proof to prove that an individual knowingly and intentionally possessed or used a weapon, they may use this argument in their defense.
• Mental Impairment – if an individual was mentally impaired at the time of their arrest, they may be able to avoid criminal prosecution.

In some cases, individuals charged with gun-related offenses may also be able to enter into a plea agreement or seek alternative sentencing options such as deferred adjudication.

The San Antonio Gun Possession Lawyers Can Help

Given the seriousness of weapon charges, it is important to contact an experienced criminal defense attorney who can help protect your rights and ensure that you receive the best possible outcome for your case. Attorney Brad Thornton can evaluate the facts of your case, explain the legal process to you and provide any necessary guidance throughout the proceedings. Brad will also work with prosecutors to negotiate favorable plea agreements or fight for a dismissal or acquittal if possible. You may be able to avoid a conviction or receive reduced penalties. Contact us today for help.