Gun Crime Attorney in Galveston, TX
A firearm-related charge can spiral out of control very quickly, leaving you to face serious consequences under Texas law. Working with an experienced Galveston gun crime lawyer as early in the process as possible can have a direct impact on how your case is investigated, negotiated, or prosecuted.
For those facing allegations of unlawful possession, aggravated assault with a deadly weapon, or weapons enhancements, a rapid, deliberate legal approach is vital. A Galveston criminal defense attorney from The Law Offices of Tad Nelson & Associates can take all cases involving firearms very seriously and treat each case with the urgency, precision, and focus needed to protect your record, reputation, and future.
Hire a Gun Crime Lawyer
Criminal cases of all types and severities are a very important matter for The Law Offices of Tad Nelson & Associates. The attorneys at our firm have years of courtroom and prosecution trial experience. Tad A. Nelson is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Tad Nelson also possesses a Master’s Degree in Forensic Toxicology. These qualifications enable the firm to question forensic evidence in gun cases.
Amber R. Spurlock is a former Air Force JAG and Special Assistant U.S. Attorney who has prosecuted and litigated felony matters. Together, they provide strategic, hands-on representation focused on results in complex firearm-related cases. Their combined experience allows the firm to approach gun crime allegations with precision, urgency, and a trial-ready mindset.
Unlawful Carrying of a Weapon in Texas
Texas law affords extensive rights to possess firearms, but illegal possession can still lead to an arrest. Allegations of unlawful carrying underTexas Penal Code § 46.02 may arise when a weapon is carried while committing certain criminal offenses. Separate provisions of Texas law also restrict possession by prohibited persons and in specific locations, such as certain bars, schools, and government buildings.
A possession accusation can stem from a genuine misinterpretation of the law concerning permissible carry zones. Prosecutors will often aggressively pursue these cases, especially when additional allegations are made at the time of arrest. A thorough analysis of the stop, search, and seizure is necessary to expose constitutional violations and weaknesses in the State’s case.
Aggravated Assault With a Deadly Weapon
If a gun was alleged to have been used or exhibited in the course of a fight, prosecutors may consider filing an aggravated assault with a deadly weapon enhancement underTexas Penal Code § 22.02. This charge raises the degree of the underlying assault to a higher category felony and carries a higher range of punishment, as well as a more limited availability of community supervision.
In addition to proving the use or exhibition of the weapon, the State must establish the required mental state for the underlying assault offense. Surveillance video, forensic testing, witness credibility, and ballistic testing are all issues that become heavily contested. Careful investigation and strategic early professional consultation in these high-stakes assault cases can often reveal prosecutorial holes or overstatements before trial.
Gun Crime Enhancements and Sentencing Consequences
A firearm allegation can drastically increase the punishment range in an otherwise unrelated offense. Sentencing structures in Texas allow a prosecutor to seek higher-degree felony charges or mandatory minimums based on an alleged use of a weapon. The finding of a firearm can also increase parole and future record consequences.
InTexas Penal Code § 29.03, for example, a robbery is elevated to an aggravated robbery when a deadly weapon is used or exhibited, increasing the offense from a second to a first-degree felony. In federal court,18 U.S.C. § 924(c) subjects a defendant to mandatory consecutive sentences for using or possessing a firearm in furtherance of a drug trafficking crime or crime of violence.
Figures from the Bureau of Justice Statistics indicate that firearms were involved in the crimes of21% of state and federal prisoners. Enhancements can have long-term collateral consequences, even if the underlying allegation is overcome. Attacking the factual basis of the enhancement requires a thorough review of evidence collection, forensic testing, and the lawful connection to the alleged offense.
Felon in Possession of a Firearm Charges
A prior felony conviction can make possession of a firearm a separate felony offense underTexas Penal Code § 46.04. Central to these cases are factual issues surrounding actual possession, constructive possession, and the defendant’s knowledge. Most often, these cases involve a firearm that was not the defendant’s, but was nevertheless alleged to have been accessible to them.
The government can use proximity, fingerprints, statements, and digital evidence to attempt to show control. Conviction can result in a significant term of imprisonment. Early intervention permits a strategic evaluation of search warrants, traffic stops, and alleged admissions to determine whether the government can prove its case beyond a reasonable doubt.
Self Defense and Stand Your Ground Claims
In Texas, both self-defense and defense of others are addressed inPenal Code Chapter 9, even up to the use of deadly force. Claiming self-defense is only the first step; there must be a strategic presentation of the evidence that supports the reasonableness of the belief, and the force used was proportionate.
Prosecutors will use your prior statements, location data, and forensics to defeat a justification defense. Defense planning often involves scene reconstruction, witness consideration, and use-of-force jury applications. Providing an objective and reliable story early on can affect charging decisions and negotiation considerations.
Federal Gun Charges and Interstate Firearm Violations
Federal charges in a gun case can occur where the alleged conduct involves the crossing of a firearm from one state to another, the possession of a firearm by a prohibited person, or as part of an ongoing investigation. The federal criminal justice process is unique and involves different rules and punishments than those found in the Texas state system.
The government may rely heavily on forensic and investigative evidence from federal, state, and local agencies. Federal offenses can also involve strategic implications, such as federal plea agreements and guideline calculations, that can greatly impact one’s exposure. It is crucial to have a coordinated defense strategy in place to combat federal investigative resources.
FAQs
Can a Firearm Increase Penalties in a Drug Case?
When a firearm is involved, drug cases can see added charges and more severe sentences, depending on the prosecution’s ability to demonstrate a link. In Texas and federal courts, the government can charge that the possession of a gun furthered or was used to protect drug activity. Whether that connection can be proven depends heavily on the surrounding facts, forensic evidence, and the legality of the search that uncovered the weapon.
How Often Do Firearms Appear in Drug-Related Offenses?
According to the United States Sentencing Commission,30.2% of individuals sentenced for drug trafficking had their sentences increased because they possessed a weapon in connection with the offense. This data reflects the frequency with which firearms are reported in connection with drug offenses nationwide. Sentencing and legal ramifications can escalate considerably when a drug charge includes allegations of firearm use.
How Are Drug and Firearm Cases Handled in Galveston County Courts?
Drug and firearm cases in Galveston County courts are prosecuted in the district courts located in Galveston, where felony matters are heard. Judges review bond conditions, evidentiary issues, and constitutional challenges on a case-by-case basis. Factors affecting pretrial strategy and long-term positioning in Galveston County criminal courts include the weight of the state’s evidence, how the gun was found, and what records were made at the time of arrest.
Can a Gun Charge Be Dismissed if the Search Was Unlawful?
A gun charge may be dismissed when the gun was found during an unlawful search and seizure. The Fourth Amendment to theU.S. Constitution and Article I, Section 9 of the Texas Constitution guard against unreasonable searches.
When police had no probable cause, searched outside the boundaries of a warrant, or improperly searched a car or home, evidence can be suppressed. When key evidence is no longer admissible, prosecutors may encounter great difficulty in pursuing the case.
Can Social Media or Text Messages Be Used in a Gun Crime Case?
Social media posts and text messages may be used as evidence in a gun crime case if the prosecutors believe they show or prove possession, intent, or knowledge of a firearm. Police often get digital evidence from search warrants, subpoenas, or consent searches of electronic devices.
They can use messages and posts to present statements suggesting a person’s involvement with a weapon. Admissibility of that evidence depends on how it was obtained and whether constitutional safeguards were followed.
Contact a Galveston Gun Crime Lawyer
Gun charges in Texas can have long-reaching consequences on your liberty, finances, and reputation. If an offense involves a firearm, prosecutors may seek enhancements and aggressively pursue higher sentencing recommendations. This type of allegation should be met with a calculated defense.By approaching your case with careful preparation and tenacious courtroom representation, the attorneys at The Law Offices of Tad Nelson & Associates address these matters directly. Schedule a no-obligation, private consultation with our team if you have been accused of a serious weapons offense in Galveston. Hire a gun crime lawyer you can trust.