Gun Crime Attorney in League City, TX
It’s always important to remember that just because Texas is considered a gun-friendly state, there are still gun crimes that can be broken. Some gun crimes can result in significant legal penalties that you may not be prepared to face. Some may even result in federal charges, which come with harsher penalties. Some individuals may not be allowed to even hold a firearm. To help you better understand the charges, contact a League City gun crime lawyer soon.
The legal team at The Law Offices of Tad Nelson & Associates can offer you quality legal assistance in understanding the Texas gun crime laws and how they may apply to your specific situation. The help of a League City criminal defense attorney at this time cannot be overstated. Having a League City gun crime attorney in your corner to help you avoid gun crime penalties may be the most important and useful asset at your disposal during all this. Our firm can help.
Understanding Gun Crimes in Texas
The location of your eventual trial will be determined by multiple factors, including the location of your arrest and the nature of your offense. A gun crime arrest in League City will either be settled in the Galveston County District Courts if it’s a felony or in the League City Municipal Court if it’s a misdemeanor. Considering the gun death rate in Texas was 14.2 per 100,000 people in 2024, you may have to prepare for a serious legal battle when you are charged.
It can be confusing to be arrested for a gun crime in Texas. Many people may assume that, because of the state’s general welcoming attitude toward guns and its open-carry policy, there are no gun crimes in Texas. Unfortunately, that’s not true. Firearm crimes accounted for 907 criminal sentences in the state in 2024, or 5.5% of the total. You need to be aware of what’s considered a gun crime in the state of Texas. Here are some of the more common gun crimes:
- Illegal carry. It’s important to know who is allowed to carry a gun in Texas and who is not. If certain people are found to have a firearm in their possession, they may be in clear violation of state and/or federal gun laws. These people include convicted felons, illegal immigrants, intoxicated people, minors under 21 years old, and anyone with a restraining order against them. Anyone who falls in one of those categories can face arrest.
- Aggravated assault. Under Texas state law, a charge of simple assault may be modified to a charge of aggravated assault if there is a deadly weapon involved. Aggravated assault with a deadly weapon is seen as a second-degree felony in Texas, especially if that weapon is a firearm. The use of a firearm to threaten somebody can be enough to lead to felony charges on its own. The gun doesn’t even need to be fired.
- Deadly conduct. In Texas, most law-abiding citizens do not need a license to carry a gun. They can do so openly. However, if you engage in deadly conduct with that gun, you could end up charged with deadly conduct, which can be charged as a felony depending on the situation. In fact, if you fire a gun at a person, a vehicle, or a building, you could end up losing your gun rights with a felony conviction.
- Gun theft. Gun theft is a fairly underreported crime in Texas, but it still happens frequently. If you are caught stealing a firearm, you could end up facing additional charges for burglary, robbery, or theft, as well as charges for a gun crime. If the gun theft is determined to be a larger element of a massive operation, those charges could become federal. Be sure to reach out to a criminal defense lawyer as soon as you can.
- Prohibited areas. You are generally allowed to carry a gun almost anywhere in Texas, except for a number of prohibited areas. If you are caught with a gun in a government building, airport security checkpoint, school, prison, a business that sells alcohol, or on anybody’s private property that prohibits guns, you could be arrested and charged with a gun crime.
Gun Crime Defenses in Texas
If you ever find yourself facing criminal charges for a gun-related crime in Texas, you need to start working on a sound defense strategy as soon as you can. Choosing the right lawyer to represent your interests and oversee your case may be the most significant decision you make throughout the duration of your case. You should trust your lawyer’s judgment when it comes to your defense, especially if they have done this before. Here are some common defenses:
- Stand your ground laws: Texas has very specific laws regarding the defense of one’s own home or property. You are allowed to stand your ground and use a certain amount of deadly force in an effort to protect your property from would-be trespassers if you believe your life or the lives of others to be in immediate danger. If you used a firearm to protect yourself, that may be enough to get the charges dismissed.
- Illegal search. Whenever you are facing criminal charges of any kind, lean on your constitutional rights. You are protected from unlawful search and seizure under the Fourth Amendment. Police need to have a search warrant or probable cause before they can legally search your property, vehicle, or person. If they search without those things, it can severely hurt the prosecution’s case, as that evidence may be suppressed.
- Lack of intent or knowledge. To secure a conviction, the prosecution needs to be able to prove that you knowingly committed the crime you are being charged with. There was an intent to commit that crime. However, your lawyer can argue that you had no knowledge of a gun and never intended to use it, since you didn’t know it was there. This can be easier to argue if the gun was found inside borrowed property.
- Constitutional violations. It is absolutely vital to the prosecution’s case that the police did everything by the book during your arrest. Any variations or violations can give your lawyer ammunition for their case. Police officers make procedural errors all the time. When these errors result in a violation of your rights, then your lawyer has a chance to get your charges dismissed due to an infringement of your constitutional rights.
FAQs
What Is the Most Recent Law in Texas About Guns?
The most recent legislation passed in Texas that involves guns focused on restricting local government actions and prohibiting cities and counties alike from holding any gun buyback events. The legislation also added protection order restrictions that make it easier for those who are under a domestic violence protection order to get their gun rights back. As of 2021, Texans 21 and older who are not otherwise banned can carry handguns in public without a license.
How Long After Being a Felon Can You Own a Gun in Texas?
If a convicted felon is able to petition for the return of their gun rights, they can do so no less than five years after completing their sentence. This includes their jail or prison sentence, probation, community service, and parole. If they are able to get their gun rights back, those rights are limited solely to their own home. They still cannot legally carry a firearm in public. If they are caught, they may get another conviction and lose those rights again.
Do You Have to Tell Police You Have a Gun in the Car in Texas?
Yes, you are legally required to tell police officers that you have a gun in your car if you are pulled over in Texas. It is highly recommended that you tell the police officer before being asked, if only to avoid a potentially catastrophic misunderstanding from developing during the traffic stop. If the officer sees the gun before you say anything, they may react accordingly, and you could face additional penalties or injury.
Can I Walk With My Gun in My Pocket in Texas?
Yes, you can walk freely with your gun in your pocket in Texas, provided you are legally allowed to have a firearm in your possession. If you’re under the age of 21, a convicted felon, an illegal immigrant, or defending against a domestic violence restraining order, you may not have a gun on your person. Texas allows its legal and non-restricted citizens to openly carry firearms. You are still expected to adhere to basic gun safety.
Make Sure You Hire a Gun Crime Lawyer
Even if you don’t think gun crime charges in Texas are a big deal, you should hire a gun crime lawyer to discover the potential penalties you could be facing if you are convicted. At The Law Offices of Tad Nelson & Associates, our founding partner, Tad Nelson, has experience as both a defense lawyer and a prosecutor. He knows the most effective ways to defend you and is prepared to offer you substantial help. Contact us to speak to someone who knows what to do.