For Those Charged With a Crime
Defense for Possession of an Illegal Weapon
Protecting Against False Accusations in Texas
Despite the reputation that Texas has some of the most lenient firearm laws in the United States, the fact remains that facing a charge of possession of an illegal weapon can trigger severe penalties, as well as lifelong legal repercussions. Whether you face a misdemeanor or a felony possession of an illegal weapons charge, you should consult with a Texas licensed criminal defense lawyer who understands how to use the right legal defense for your unique case.
For years, highly rated criminal defense attorney Adam Capetillo has fought hard and smart for clients facing possession of an illegal weapon charge. If you face either a felony or a misdemeanor charge for illegally possessing a firearm, an experienced lawyer like Adam Capetillo will help balance the scales of justice.
How Texas Law Defines Possession of an Illegal Weapon
Texas Penal Code 46.05 defines what constitutes the offense of possessing an illegal firearm.
“A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:”
- Machine gun
- Short barrel firearm
- Armor-piercing ammunition
- Zip gun
- Chemical dispensing device
- Firearm silencer
- Spike strip
Punishment for the Possession of an Illegal Weapon in Texas
According to Texas Penal Code Section 46.05, a conviction for the possession of an illegal weapon is considered a third-degree felony that carries a sentence of a maximum of 10 years in jail and a fine that cannot exceed $10,000. The only exception involves possessing knuckles, which Texas labels a misdemeanor that carries with it a prison sentence up to one year and a fine of no more than $4,000. There is also the outside of the legal system ramifications for a conviction for the possession of an illegal weapon. Anyone convicted of the crime will have a difficult time securing gainful employment and affordable housing.
Defending Possession of an Illegal Weapon Charges
The criminal defense lawyers at Capetillo Law Firm will conduct a thorough review of your case to determine the most effective defense to use if your case goes to trial. Sometimes, we negotiate plea deals for clients to ensure a reduced charge that minimizes the impact of a background check.
As the charge states, the prosecution must prove you had possession of the illegal firearm in question at the time of arrest. If the prosecution cannot prove you possessed the gun at the time of arrest, we might be able to convince the court that you are not guilty of the charges filed against you. Constructive possession requires the prosecution to prove a defendant had access to an illegal firearm and intended to control the firearm.
Illegal Search and Seizure
The United States Constitution offers anyone charged with a crime several options for a legal defense. For a case involving a charge of possessing an illegal weapon, the 4th Amendment is the proper amendment to look into for violations of the Constitution. The 4th Amendment requires law enforcement to obtain a properly written and released search warrant that specifies exactly what law enforcement wants to search for and possibly seize.
Lack of Evidence
Many charges of possessing an illegal firearm accompany other charges like robbery and aggravated battery. The key for the prosecution is to present enough compelling evidence to justify a conviction. Sometimes, we can point to a lack of evidence as justification for dropping a criminal case against a client. For the possession of an illegal weapon charge, insufficient evidence typically involves the lack of a firearm and/or the casing used to transport an alleged illegal firearm.
Failure to Prove Beyond a Reasonable Doubt
As one of the most effective defenses for any type of criminal charge, failure to prove guilt beyond a reasonable doubt requires the legal expertise of an experienced criminal defense attorney. For a charge of possessing an illegal weapon, highly rated criminal defense lawyer Adam Capetillo has several options for planting the seeds of reasonable doubt.
Facing the charge of possessing an illegal firearm in Texas can turn your life upside down. Get the legal protections granted by Texas law. Schedule a free initial consultation with Adam Capetillo by calling our law firm at (346) 249-5544 or by submitting the convenient online form.