Gun Crime Attorney in Friendswood, TX
Texas is generally considered to be one of the gun-friendliest states in the entire country. However, that doesn’t mean that gun crimes don’t exist within state lines. Texas does have state gun laws, and Texans are expected to obey federal gun laws as well. Certain individuals are not allowed to own or possess a firearm in any way. If you ever find yourself dealing with the legal fallout of a gun charge, you should contact a Friendswood gun crime lawyer as soon as possible.
The legal team at The Law Offices of Tad Nelson & Associates knows how frustrating it can be to face gun charges in Texas. A Friendswood gun crime attorney knows what gun crime penalties you could end up facing if you are convicted, and it’s vital that you work on building a sound defense strategy to prevent that conviction. A good lawyer can help you better understand the Texas gun crime laws and how you might have violated them, intentionally or otherwise.
Gun Crimes in Texas
If you are arrested and charged with a gun crime in Friendswood, be prepared to deal with your case at the Galveston County Courthouse if the charge is a felony or in the Friendswood Municipal Court if the charge is a misdemeanor. In 2024, the gun-related death rate in Texas was 14.2 per 100,000 people, roughly the same fatality rate as Texas car accidents. The court will take your case seriously in order to deter future offenders from committing similar crimes.
There are multiple situations where owning or possessing a firearm of any kind can land you in jail awaiting trial for gun crimes. You should be aware of what those situations are, just to be safe. According to data from the United States Sentencing Commission, there were 907 criminal sentences in Texas in 2024 that were directly connected to firearms. Here are some of the most common gun crimes that occur on a daily basis throughout the state of Texas:
- Aggravated assault with a deadly weapon. A charge of simple assault is elevated to aggravated assault when there is a deadly weapon involved in the situation. Aggravated assault is viewed as a second-degree felony in Texas, especially if it involves the use of a firearm. Using a firearm just to threaten somebody can be enough to justify felony charges, even if the gun itself was never fired.
- Deadly conduct. Though most individuals in Texas are allowed to carry a firearm openly and without a license, you can still get arrested and charged with a gun crime if you engage in deadly conduct with that firearm. This includes firing the gun at a person, building, or vehicle, or just recklessly putting people in danger with your gun.
- Unlawful carry. Certain individuals are not allowed to carry a firearm in Texas without violating state or federal gun laws. These individuals include anyone under 21 years old, convicted felons, intoxicated persons, illegal immigrants, and anyone currently dealing with a restraining order against them. If you fall under any of these categories, you could be arrested just for having a gun in your possession.
- Gun theft. A surprising number of firearms are stolen throughout Texas every year. If you are charged with the theft of a gun, you may face penalties for gun crimes as well as penalties for theft, burglary, or robbery, depending on the nature of the gun theft. If the gun theft is part of a larger operation, you could be looking at federal charges. You should contact a criminal defense lawyer as soon as possible.
- Prohibited locations. While carrying a gun openly is fairly acceptable throughout the state of Texas, there are certain locations where having a gun on you is strictly prohibited. These locations include airport security checkpoints, school zones, businesses that mostly sell alcohol, government buildings, prisons, and private property where guns are expressly prohibited.
Defenses Against Gun Crimes in Texas
Choosing the right defense lawyer for your case may end up being the most important decision you make for your entire case. After all, this is the person you will trust to build your defense strategy. Without a good defense, you won’t stand a chance against the prosecution. Your lawyer can help you gather supportive evidence, challenge the evidence the prosecution has gathered, and give you an opportunity to defend yourself. Here are some defenses you may use:
- Unlawful search. Always remember that you are innocent until proven guilty and are protected from illegal search and seizure by the Fourth Amendment. To search your home, vehicle, or person, the police need a valid search warrant or probable cause that a crime is in the process of being committed. If they search you without either of those, the search is illegal, and all evidence gathered in that search may be suppressed.
- Standing your ground. Depending on the exact nature of the gun crime you are charged with, you may be able to stand behind the state’s clear stand your ground laws. Texas state law justifies the use of lethal force if you reasonably believe your property, your life, or the lives of others to be in immediate danger. If you acted out of protection, there may not be much more to it. That might be enough to have the charges dismissed.
- Lack of knowledge. If a firearm was found in your possession and you are not legally allowed to have a firearm, your safest bet may be to claim a total lack of knowledge. You had no idea the gun was there, and therefore, you had no intention of ever using it. This can be an especially strong defense if the gun was found in a car that you borrowed or among property that doesn’t belong to you but was in your possession.
- Procedural errors. It’s quite common for law enforcement officers to make mistakes during the investigation, arrest, and processing. Some of these mistakes can actually be a clear violation of your constitutional rights and could jeopardize the prosecution’s case against you. If your lawyer can successfully argue that there were procedural errors in your case, you may have strong leverage to have the charges dismissed entirely.
FAQs
How Much Does a Lawyer Cost to Get Your Gun Rights Restored in Texas?
There is no telling how much it may cost to hire a lawyer to get your gun rights restored in Texas. Losing your gun rights happens when you are convicted of a felony, and getting them back can be a struggle with no guarantees. You will need to seek a pardon from the governor first for certain felony convictions. Overall, the legal fees can end up being in the thousands of dollars. Some non-violent felonies can be easier to seek restoration for after your sentence.
How Much Does a Criminal Defense Lawyer Cost in Texas?
The amount that your criminal defense lawyer charges for their services depends entirely on the specific details of your case. Every gun crime case is different, with each case having its own unique factors that influence the total cost of a lawyer’s help. Some of those factors include the severity of the offense, the complexity of the case itself, the case’s felony or misdemeanor status, and your lawyer’s own experience with cases like yours.
How Hard Is It to Get Your Gun Rights Restored in Texas?
It can be very hard to get your gun rights restored in Texas. Even if you are able to get your gun rights fully restored in Texas, you may still be prohibited from owning a gun due to federal gun laws. To get your gun rights restored in Texas, you need to get a full pardon from the Governor of Texas, complete your sentence entirely, wait five years after the end of your sentence to start the process, and hire a lawyer for help.
How Long Do You Go to Jail for a Gun Charge in Texas?
The amount of time you can go to jail for a gun charge in Texas depends entirely on the nature of the charge, any prior convictions on your record, and the location of your arrest. If you are a previously convicted felon who was caught with a gun in your possession in a prohibited location, you could be looking at significant prison time, possibly decades. To avoid such penalties, it’s recommended that you contact a defense lawyer.
Make Sure You Hire a Gun Crime Lawyer
Without the help of an experienced defense lawyer, you may not stand a chance against a seasoned prosecutor. You should hire a gun crime lawyer for help, peace of mind, and a well-thought-out defense strategy. At The Law Offices of Tad Nelson & Associates, our team has earned numerous accolades defending our clients’ rights and representing them through difficult times.
We know the most effective ways to help your case. We are fully prepared to build your case, gather evidence that supports you, help avoid prosecutors and police from taking advantage of you, and make sure your rights are protected. Contact us to speak to someone who knows how to help you.