Gun laws regarding ownership and possession may be relaxing in Texas, but make no mistake, gun-related violent crimes are still severely punished. Gun-related violent crimes are punished as felonies in Texas. A conviction is life-altering and will likely result in a prison sentence and substantial fines.
If you or a loved one has been charged with a gun-related violent crime, you should speak with a Sugar Land criminal defense lawyer qualified to defend against gun-related violent crimes.
Sugar Land lawyer Adam Capetillo has successfully defended many clients charged with criminal violations and can defend you as well.
What is an Aggravated Crime in Texas?
If you use a gun while committing a violent crime in Texas, it can be elevated to a higher level of punishment. A violent crime is a type of crime that involves a direct confrontation or interaction between the alleged offender and the alleged victim. For example, aggravated assault, robbery, sexual assault, or homicide are violent crimes.
There are various circumstances that would cause a crime to be charged as an aggravated offense. The possession or use of a weapon is one of the most common reasons that an offense will be upgraded to aggravated.
What are Common Examples of Aggravated Crimes in Texas?
Below are four of the most common aggravated crimes in Texas.
• Aggravated Assault – In general, assault is when an individual intentionally, knowingly, or recklessly causes bodily injury to another person or threatens to do so. Aggravated assault occurs when an individual commits an assault and causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault.
• Aggravated Robbery – An individual commits a robbery if while trying to steal something, they hurt or threaten someone. Aggravated robbery occurs when an individual commits a robbery, and the individual causes serious bodily to another person or uses or exhibits a deadly weapon during the commission of the assault.
• Aggravated Sexual Assault – To be convicted of aggravated sexual assault, the defendant must have committed a sexual assault with at least one aggravating factor. A sexual assault occurs when there is a sexual act with a child or a non-consensual sexual act with a child. The use of a weapon is an aggravating factor.
• Aggravated Kidnapping – Aggravated kidnapping occurs when you have abducted another person with at least one aggravating factor, including using a deadly weapon during the kidnapping.
Other Common Examples of Gun-Related Crimes in Texas
In addition to aggravated offenses, there are many other gun-related crimes that are felonies in Texas. Below are three common examples of felonies that often involve firearms.
• Murder – An individual commits murder in Texas if they intentionally or knowingly cause the death of a person. You can also be convicted of murder under the following three circumstances:
1) causing the death of another even if the intent was to cause serious bodily injury;
2) causing the death of another as a result of an act that was clearly dangerous and potentially deadly; or
3) causing the death of another during the commission or attempt to commit a felony, or flight thereof.
• Manslaughter – Manslaughter occurs when an individual recklessly causes the death of another person.
• Deadly Conduct – Deadly conduct occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury. It is a felony if the individual knowingly discharges a firearm at or in the direction of one or more individuals, or a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
Texas Tough on Punishments for Gun-Related Violent Crimes in Texas
Texas has a reputation as being tough on crime, particularly because of the Texas criminal justice system of the severity of punishments that can be imposed on those found guilty of a criminal offense. Given the mass shootings Texas has experienced, a new legislature has been introduced to give a 10-year mandatory sentence to those found guilty of gun felonies.
In Texas, gun-related violent crimes are punished as felonies. The degree of the felony and the exact sentence will depend on several factors, including the severity of the crime and the defendant’s criminal record.
There are four classes of felonies in Texas:
1. State Jail Felony – From 180 days up to two years in state jail and a fine of up to $10,000
2. Third-Degree Felony – From two to 10 years in prison and a fine no exceeding $10,000
3. Second-Degree Felony – From two to 10 years in prison and a fine no exceeding $10,000
4. First-Degree Felony – Between five and 99 years of jail time and a fine up to $10,000
5. Capital Felony – Life in prison without parole or, in some cases, the death penalty
In addition to prison time and fines, convicted felons lose their right to own and possess a gun. Furthermore, a felony on your criminal record can also affect your employment, housing, education, and child custody.
Avoiding a conviction is greatly enhanced when you have an experienced criminal defense lawyer such as Adam Capetillo.
Your Sugar Land Criminal Defense Lawyer
Attorney Adam Capetillo takes an aggressive and personalized approach to cases. He passionately fights to defend his clients. A long-time Fort Bend County resident, he cares deeply about the importance of zealous legal representation through the criminal legal process.
If you have been charged with a gun-related crime or need a criminal defense lawyer, you should reach out to Attorney Capetillo as soon as possible. A top Sugar Land criminal defense attorney, Adam Capetillo will protect your rights with expertise and integrity. Call Capetillo Law Firm today for a free consultation at (346)-249-5544.
