Fort Bend County Weapons Charges Defense Attorney - Lee Cox
Weapons Charges in Fort Bend County, Texas
Certain weapons are considered dangerous under Texas law and possession
of these weapons can lead to a criminal charge. Carrying these weapons in certain
areas, such as a school zone, can potentially lead to even more serious consequences.
If you’ve been arrested for unauthorized use of a weapon in Fort Bend County, you
need to speak to an experienced Texas
criminal defense attorney.
What Counts as a Dangerous Weapon Under Texas Law?
Title 10, Chapter 46 of the Texas Penal Code includes an extensive
list of what is considered to be a dangerous weapon. You may be charged with a criminal
offense if found in possession of any of the following:
-
Any type of club, including a blackjack, nightstick, mace or tomahawk
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Explosive weapons, including bombs, grenades, rockets or mines
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Firearms and handguns
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Knives with a blade longer than 5 ˝ inches
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Daggers, bowie knives, swords, spears
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Brass knuckles
-
Machine guns
-
Short-barrel firearms
-
Switchblade knives
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Armor-piercing ammunition
-
Fake bombs
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Any device capable of dispersing chemical substances
-
Zip gun
-
Firearm silencers
Under Section 46.02, a person has convicted a criminal offense
involving a weapon if they:
Knowingly, intentionally or recklessly carries on or about
his or her person a handgun, illegal knife or club and is not inside their premises
or inside a motor vehicle en route to their premises
It is also illegal to possess a handgun in a motor vehicle if
the gun is in plain view or you’re engaged in criminal activity, a member of a street
gang or other otherwise prohibited by law from possession a firearm.
There are exceptions for what constitutes a criminal offense involving
a weapon. For example, you may have a weapon if you’re a member of law enforcement
or if the item in question is an antique or collectible. If you’ve been arrested
for a weapons violation, you should consult a
Fort Bend County criminal defense attorney to discuss the type of crime
you’ve been charged with.
Unlawful Transfer of a Weapon
Transferring a weapon to someone else may also be considered a
crime, depending on the type of weapon involved and the person it is transferred
to.
Under Texas Penal Code §46.06, it is illegal to:
-
Transfer a handgun to someone if you know that person intends
to use it to commit a crime
-
Transfer a handgun, club or knife to a child under the age of
18 without a parent’s consent
-
Sell a firearm or ammunition to someone who is intoxicated
-
Sell a firearm or ammunition to a felon who has been paroled or
released from prison for less than five years
-
Give or sell a firearm to someone who has an active order of protection
against them
-
Buy or otherwise receive a handgun when there is an active protective
order against you
Loaning, giving or selling a weapon to someone without doing a
thorough background check can quickly lead to life-altering consequences. If you
have questions about when and how you can legally transfer or accept weapon, consult
a qualified Texas criminal defense attorney
prior to doing so.
Weapons in Prohibited Areas
The state of Texas also makes it illegal to have weapons in certain
areas, including school zones. If you commit a weapons violation in a school zone,
the penalty is enhanced one level. This means that if you committed a Class B misdemeanor
weapons violation, the charge would be elevated to a Class A misdemeanor if the
crime occurred near a school.
Under Texas law, weapons are prohibited within 300 feet of a school
or any area where a school function is taking place, such as a dance, field trip
or sporting event.
In addition to school zones, Texas law prohibits you from carrying
a weapon in a number of other places. According to Section 46.03 of the Penal Code,
it is illegal to possess a weapon near or at any of the following:
-
In a polling location on election day
-
Inside any courthouse or courtroom
-
At a racetrack
-
Inside an airport
-
To a place of execution as prescribed by the Texas Department
of Corrections
The prosecutor is not charged with proving that you knew the weapon
was on your person, which can make it very difficult to defend yourself against
a weapons charge. You should consult with your
Fort Bend County criminal defense attorney to develop the strongest defense
strategy for your case.
Use of a Deadly Weapon in the Commission of Another Crime
If you commit certain crimes and use or display a deadly weapon,
this is considered an aggravating factor and may result in enhanced charges. For
example, if you assault someone and use a deadly weapon to cause bodily injury,
the charge may be elevated from a Class B to a Class A felony, which can potentially
carry a life sentence. Charges can also be elevated if you use a weapon during the
commission of a robbery, kidnapping or sexual assault.
What Are the Penalties for a Weapons Charge in Texas?
Weapons violations can be categorized as a misdemeanor or felony,
depending
on the details of the alleged crime. The penalties for misdemeanors range from a
simple fine to incarceration in the county jail. The penalties for felony convictions
range from up to one year in state jail to life imprisonment as well as a fine of
up to $10,000. The following chart provides a breakdown of the penalties you may
incur if convicted of weapons charges.
Class
|
Sentence
|
Fine
|
Class C Misdemeanor
|
No jail term
|
$500
|
Class B Misdemeanor
|
Up to 180 days in county jail
|
$2,000
|
Class A Misdemeanor
|
Up to one year in county jail
|
$4,000
|
State Jail Felony
|
Up to one year in state jail
|
$10,000
|
Third Degree Felony
|
2 to 10 years in state prison
|
$10,000
|
Second Degree Felony
|
2 to 20 years in state prison
|
$10,000
|
First Degree Felony
|
5 to 99 years in state prison
|
$10,000
|
Hiring a Fort Bend County Criminal Defense Attorney
As you can see, the penalties for a weapons offense can be steep
and have the potential to irrevocably change your life. If you’ve been arrested
for assault with a deadly weapon, illegal transfer of a weapon or another weapons
offense, you need the aid of an attorney who is experienced in dealing with these
types of charges.
Attorney Lee D.
Cox specializes in assisting clients who have been charged with weapons violations
in defending their rights. As a former prosecutor, Lee understands the complexities
of the Texas legal system and is committed to obtaining the best resolution possible
for your case.
Call the law office of Lee D. Cox today at 281-762-7345 to schedule a free
initial case evaluation. You can’t afford to let a conviction for weapons charges
ruin your life. Call now to get the experienced legal representation you need to
defend yourself against misdemeanor or felony weapons charges in Fort Bend County,
Texas.
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281-762-7345

Feel free to contact our office any
time.
Richmond / Fort Bend County Law
Office
201 South Eleventh
Richmond, TX 77469
Phone: 281-762-7345

Houston / Harris County Law Office
1221 Studewood
Houston TX 77008
Sugar Land Law Office
56 Sugar Creek Center Blvd
Suite 300
Sugar Land 77478

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