When you or a loved one is charged with an weapons case, you need an aggressive lawyer with the experience and legal knowledge it takes to get you the best result possible. The best weapons case lawyers have experience, investigate their cases thoroughly, and aren’t afraid to fight for their clients. If you’re looking for that type of lawyer, you’ve found Mike Howard, award-winning Dallas criminal lawyer.
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Unlawful carrying weapons
A person commits unlawful carrying weapons if they intentionally, knowingly, or recklessly carry on or about their person a handgun, illegal knife, or club if the person is not (1) on their own premises or a premises under their control, (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under their control. Even if inside their own vehicle, a person commits an unlawful carrying weapon if they intentionally, knowingly, or recklessly carries a handgun inside their vehicle in plain view (unless licensed to carry and carrying in a shoulder or belt holster) or if the person is engaging in criminal activity, prohibited from possessing a firearm, or a member of a criminal street gang. Unlawful carrying weapons is generally a Class A misdemeanor carrying a possible punishment range of up to 1 year in the county jail and up to a $4,000 fine. Unlawful carrying weapons on a premises licensed or permitted to sell alcohol is a third-degree felony carrying a possible range of punishment of 2 - 10 years in prison and up to a $10,000 fine.
Unlawful Possession of a firearm
A person commits unlawful possession of a firearm if, after being convicted of a felony, they possess a firearm after their conviction but before the 5th anniversary of their release from confinement, probation, or parole, whichever is later. After the 5th anniversary, they commit unlawful possession of a firearm if they possess a firearm outside their home. Unlawful possession a firearm under these provisions is a third-degree felony carrying a possible range of punishment of 2 - 10 years in prison and up to a $10,000 fine.
It is also unlawful possession of a firearm if a person who has been convicted of assault family violence possesses a firearm before the 5th anniversary of their release from confinement or probation. Unlawful possession of a firearm under this provision is a Class A misdemeanor carrying a possible range of punishment of up to 1 year in the county jail and up to a $4,000 fine.
The use or exhibition of a deadly weapon during the commission of another crime carries significant consequences. For instance, assault causing bodily injury is generally a Class A misdemeanor but if committed with a deadly weapon, it becomes aggravated assault, a second-degree felony. Also the use or exhibition of a deadly weapon during the commission of (or during the immediate flight from) any crime makes the offense ineligible for regular probation and requires that (if a person is sentenced to prison time) they do at least half of their prison sentence before they even become eligible for parole).
The information contained on this website is for informational purposes and should not be construed as legal advice, a substitute for legal advice, or as creating an attorney/client relationship between the reader and the Law Office of Mike Howard. Consult an attorney about your specific situation and the facts involved for comprehensive legal advice.