Types of Weapons Crimes in Dallas, TX
Weapons crimes cover several allegations. First, there are offenses like unlawfully carrying a weapon and illegally possessing a firearm. Some gun offenses involve using or exhibiting a weapon during the crime, like aggravated robbery or assault with a deadly weapon.
Police and prosecutors go after weapons crimes aggressively in Dallas. An experienced and knowledgeable Dallas weapons crimes lawyer can make all the difference.
Unlawful Carrying of a Weapon
A person commits unlawful carrying of a weapon (Texas Penal Code 46.02) if they intentionally, knowingly, or recklessly carry on or about their person a handgun, illegal knife, or club if the person is not:
- On their own premises or one under their control.
- Inside or directly en route to a motor vehicle or watercraft owned by the person or under their control.
A person can also unlawfully carry a weapon if they intentionally, knowingly, or recklessly carry a handgun in plain view in a vehicle. However, an exception to this rule is when someone is licensed to carry and does so in a shoulder or belt holster. Carrying a weapon while engaging in criminal activity or as a member of a criminal street gang is illegal. Carrying while being legally prohibited from carrying a weapon is illegal.
Unlawful Possession of a Firearm
A convicted felon commits unlawful possession of a firearm (Texas Penal Code § 46.04) if they possess a firearm before the 5th anniversary of their release from confinement, probation, or parole. Moreover, after the 5th anniversary, possessing a gun outside their home is still illegal.
Unlawful Possession of a Firearm-Related to Family Violence
Possession of a firearm is also unlawful if a person convicted of assault family violence possesses a firearm before the 5th anniversary of their release from confinement or probation.
Deadly Weapon Cases
The use or exhibition of a deadly weapon during the commission of a crime carries significant consequences. For example, assault causing bodily injury is generally a Class A misdemeanor. However, if it is committed with a deadly weapon, it becomes aggravated assault, a second-degree felony. The same enhancement applies to aggravated robbery.
See Our Results
Aggravated Assault with a Deadly Weapon — Dismissed
Our client and her boyfriend got into an argument, and our client grabbed a knife to protect herself. The police sided with her boyfriend and arrested her for aggravated assault with a deadly weapon. We convinced the grand jury to “no-bill” or dismiss the case completely, leaving her eligible for a full expunction of her record.
Other Texas Weapon Cases
- Aggravated Assault with a Deadly Weapon – No Charges
- Unlawful Carrying a Weapon – Expunged
- Unlawful Carrying a Weapon (during a DWI) – Dismissed
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Weapons Charges in Dallas, TX
You’ll face incarceration, fines, and other consequences if you’re convicted of a weapons charge in Dallas. You may be prohibited from owning a firearm. Depending on your circumstances, you could face a misdemeanor or a felony. Felonies have harsher punishments, but a misdemeanor can still affect your life greatly.
Penalties & Consequences for Weapon Crimes
- Second-Degree Felony: If you’re convicted of a second-degree felony, like Aggravated Assault with a Deadly Weapon, you face 2 to 20 years in prison and up to a $10,000 fine.
- Third-Degree Felony: If you’re convicted of a third-degree felony, like unlawful possession of a firearm by a felon, you face 2 to 10 years in prison and up to a $10,000 fine.
- Class A Misdemeanor: If you’re convicted of a Class A misdemeanor, like unlawfully carrying a weapon, you could face up to 1 year in jail and up to a $4,000 fine.