For Those Charged With a Crime
Sugar Land Weapons Crimes Lawyer
Protecting Clients’ Futures in Fort Bend County
No other type of criminal law varies more among the 50 states than the statutes written for weapons crimes. Each state has written unique legal guidelines for prosecuting weapons crimes cases, as well as punishing defendants that violate state weapons laws. In addition, the recent spate of gun violence-especially within school properties-has generated considerable momentum for implementing much tougher weapons laws.
When compared to most other states, the weapons laws on the books in Texas are considered relatively lenient. The general legal guideline for owning and possessing weapons in Texas is you are allowed to own a firearm, but you must obtain a state-issued license to be a legally valid weapons owner.
Nonetheless, violating weapons laws in Texas can lead to serious legal ramifications. Because of the seriousness of a weapons charge, you should speak with a Sugar Land weapons crimes lawyer who focuses in helping clients win weapons crimes cases. In addition, you need to work with a criminal defense lawyer who understands the weapons laws that apply to different types of weapons.
Mr. Capetillo is a highly rated advocate for clients charged with violating Texas firearm laws.
Frequently Cited Weapons Crimes in Texas
Although the United States Constitution grants the right of American citizens to bear arms, there have been dozens of legal precedents set by virtually every state that places restrictions on the possession of weapons. Here are a couple of the frequently cited weapons laws on the books in the Lone Star State.
Traveling with Weapons
Referred to as the Travel Law, this section of the Texas penal code makes it legal for people to transport weapons between two locations. However, you must acquire a permit to transport certain types of weapons. You can carry a handgun without a permit for the purpose of travel between two Texas cities.
Signs Tell the Story
Many businesses in Texas have exercised their right to ban the possession of weapons for non-law enforcement personnel that enters their stores or offices. If you come across a sign that prohibits the possession of weapons inside of a business, you must abide by the message conveyed on the sign.
Punishment for Violating Texas Weapons Laws
Depending on the severity of the crime, a violation of a Texas weapons law can result in the handing down of a class C misdemeanor that includes a fine of $500. Some weapons crimes can trigger a third-degree felony conviction, which carries with it a prison sentence of between two and 10 years, along with a significant fine. Remember that there are other types of crimes that turn into serious felony charges when a weapon was used during the committing of the crimes. For example, robbing someone by issuing a threat is a much less serious criminal charge than sticking a gun in the back of a robbery victim.
Defending Weapons Charges in Texas
Many weapons charges require physical proof an illegal weapon was in the possession of the defendant at the time of the arrest. For example, let’s say a law enforcement officer pulls you over and asks to see what it inside of the trunk. The officer discovers an illegal weapon and she immediately charges you with a weapons crime. However, the car is not in your name and in fact, you prove that another person owns the car. Because law enforcement cannot link the weapon to you, there is not enough physical evidence to link you to the weapons crime.
Unlawful Search and Seizure
Many weapons crimes occur on private property. For a law enforcement agency to enter your home, the agency needs to obtain a legally valid search warrant that specifies exactly what the agency is looking form in terms of illegal contraband. Sugar Land weapons crimes lawyer Adam Capetillo will make sure your rights under the 4th Amendment to the United States Constitution, which is the Amendment that prohibits illegal searches and seizures was not violated.
Never allow a public defender to place your future in his or her hands. Call Adam Capetillo at (346) 249-5544 or submit the convenient online form to schedule a free initial consultation.