Weapons charges

Criminal Defense

Lawful carry and unlawful carry are separated by details most people are never told.

Texas now permits many adults who are not otherwise prohibited to carry a handgun without a licence. The exceptions are where the charges come from: age, a disqualifying conviction, being under the influence, being engaged in other criminal activity, and a list of places where carrying remains an offence regardless of licence. Add a vehicle stop that turns into a search, and an otherwise law-abiding person is in a courtroom.

What we defend

• Unlawful carrying of a weapon, and carrying in a prohibited place.
• Possession of a prohibited weapon, including allegations involving modified firearms and accessories.
• Unlawful possession of a firearm by a person with a prior felony conviction — charged in state court and, increasingly, federally.
• Deadly weapon findings attached to another charge, which restrict parole eligibility and change the entire sentence.
• Aggravated assault with a deadly weapon, where the weapon allegation is doing most of the work.
• Federal firearm offences, including possession in furtherance of another offence, which carries consecutive mandatory time.

How we work a weapons case

Reviewing all of the evidence, including the police reports, the witness statements and the video, rather than the summary the State provides. Challenging improper searches and seizures and the procedural errors that are common in these stops. Exploring alternative resolutions where they serve you — a plea to a lesser offence, a diversion programme, or a disposition that preserves your rights. And preparing for trial, which is what makes any of the other options available on decent terms.

The defence usually starts before the weapon

Almost every firearm case begins with a stop, a frisk or a search. Whether the officer had reasonable suspicion, whether a protective frisk exceeded its lawful scope, whether the vehicle search was justified, and whether the warrant affidavit supported what was done are the questions that matter. Suppress the search and the weapon goes with it.

Federal exposure is different in kind

A firearm allegation attached to a federal drug or violent offence can add mandatory consecutive years that no state plea negotiation can undo. If federal agents have contacted you, or you have received a target letter, that is a reason to call before anything else happens.

Fees, and what you get for them

Criminal matters are quoted as a flat fee for a defined stage of the case, so you know what representation costs before you commit to it. Payment plans are available. What the fee buys is a lawyer who appears at your settings, reads the file rather than skimming it, and tells you honestly which parts of the State's case are weak and which are not.

Common questions