Have law enforcement in Addison arrested you for a weapons crime? Many people may not realize when they’ve potentially committed a weapons-related crime, making it critical to seek experienced legal counsel and advocacy to address criminal charges. Contact Rosenthal Kalabus & Therrian today for an initial case review with a weapons offenses lawyer to discuss your legal options for resolving your charges favorably.

Why Choose a Gun Crime Defense Attorney from Rosenthal Kalabus & Therrian?

Violations of firearms charges can have significant consequences, including incarceration, fines, and the stigma of a criminal record. Your choice of legal representation for your case can affect the outcome. Choose a felony firearm charge lawyer from Rosenthal Kalabus & Therrian because:

• We offer legal representation that combines professionalism and personal touch to meet your needs and goals. You will work directly with the attorneys handling your case to ensure they understand your situation.
• Our firm will fight as hard as necessary to achieve the best possible outcome for your charges; you can rest assured we will leave no stone unturned in your case. Our attorneys have a proven record of success in firearm and weapons cases.
• You can contact us 24/7. Someone from our firm can help you schedule an appointment, get legal advice, and receive updates regarding your case.

Types of Charges a Firearm Charge Lawyer in Addison Can Help With

In Texas, weapons crimes fall under Chapter 46 of the Texas Penal Code. At Rosenthal Kalabus & Therrian, our experienced attorneys can help you resolve charges for weapons offenses such as the following.

Unlawful Carrying of Weapons

A person commits a crime if they intentionally, knowingly, or recklessly carry a handgun on their person when they are under 21 or have a conviction for certain violent offenses within the past five years, and they are not on their premises or inside of/directly en route to their motor vehicle or watercraft. Alternatively, a person may violate the law by intentionally, knowingly, or recklessly carrying a handgun on their person while in their motor vehicle or watercraft if they have the handgun in plain view (unless 21 or older and licensed to carry a handgun and have it in a holster), or if they engage in criminal activity or the law prohibits them from possessing a firearm.

A person may commit an offense if they intentionally, knowingly, or recklessly carry a location-restricted knife on their person when they are under 18 and not on their premises or inside of/directly en route to their motor vehicle or watercraft. An offense can also occur by carrying an unholstered handgun in plain view of another person. Finally, a person may unlawfully carry a firearm if they do so while intoxicated and not on their premises, inside of/directly en route to their motor vehicle or watercraft, or on or in another person’s property or vehicle while carrying a firearm with the property/vehicle owner’s consent.

Carrying a Weapon in a Prohibited Place

The law prohibits individuals from intentionally, knowingly, or recklessly possessing a firearm, location-restricted knife, club, or prohibited weapon on the premises or in the vehicle of a school or post-secondary educational institution (unless previously obtaining written authorization from the school or carrying a licensed concealed handgun), on the premises of a polling place on election day or during early voting, on government or court premises (except with written authorization), at a racetrack, into a secured area of an airport, on a premises hosting a sporting event, in a correctional facility, in a hospital, or in an amusement park.

Unlawful Carrying of a Handgun by a License Holder

A firearms license holder may commit an offense if they carry a handgun on or about their person and intentionally display it in plain view of another person in public (except when carried in a holster).

Unlawful Possession of a Firearm

A person convicted of a felony or a Class A misdemeanor domestic violence offense commits a crime if they possess a firearm before the fifth anniversary of their release from incarceration or supervision or, after such time, at any location other than the person’s premises. A member of a criminal street gang may also unlawfully possess a firearm by carrying a handgun on their person in a motor vehicle or watercraft.

Possession of Prohibited Weapons

Texas law prohibits the intentional or knowing possession, manufacture, transport, repair, or sale of certain prohibited weapons (unless registered with ATF or classified as a relic by the U.S. Department of Justice), including explosive weapons, machine guns, short-barreled firearms, armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices, or improvised explosive devices.

Unlawful Transfer of Weapons

A person may not transfer a handgun to another individual knowing that individual intends to use it in an unlawful act, give a firearm, club, or location-restricted knife to a minor, sell firearms or ammunition to an intoxicated person, or knowingly sell a firearm to a restricted felon or a person subject to a protection order. Furthermore, the law prohibits making materially false statements on forms required by state or federal law to purchase, sell, or transfer firearms.

Defenses to Gun Crimes

A person charged with a weapons offense in Addison may have various legal or factual defenses to their charges based on the facts and evidence in their case. Examples of defense strategies used to fight firearms and weapons charges include:

• Lack of possession: A defendant facing weapons charges may argue that the prosecution’s evidence fails to prove they had actual (physical) or constructive (control) possession of the weapon.
• Lawful/licensed possession: Defendants may argue they possessed a weapon lawfully, including carrying a weapon in a manner permitted by law, holding necessary licenses, or possessing weapons lawfully as part of one’s employment or official duties.
• Lack of intent: When a weapons offense requires an offender to have acted with a specific level of criminal intent (e.g., intentionally, knowingly, recklessly, etc.), a defendant may contend that the prosecution failed to prove they acted with the required intent, such as when a defendant acted under a mistake of fact.
• Mistaken identity/alibi: Defendants may argue that eyewitnesses or the police mistakenly identified them as the perpetrator of a weapons crime or present alibi evidence to prove that they were elsewhere when the alleged crime occurred.
• Challenging forensic evidence: When a case involves forensic evidence, such as fingerprints, a defendant may contest the reliability of the prosecution’s forensic testing to undermine the strength of the state’s evidence.
• Challenging the admission of unlawfully obtained evidence: A defendant may seek to exclude evidence from the prosecution’s case by arguing that police obtained the evidence through an unlawful search or an interrogation that violated the defendant’s rights.

Consequences of a Conviction for a Weapons Offense

A conviction for a weapons offense in Addison may result in various penalties for an individual. A convicted defendant may face a criminal sentence, including incarceration and fines. Potential sentences for conviction will depend on the grading of a weapons offense, ranging from a Class C misdemeanor to a second-degree felony. Potential sentences include:

• Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
• Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
• State jail felony: 180 days to two years in state jail and a potential fine of up to $10,000
• Class A misdemeanor: A fine of up to $4,000, up to one year in jail, or both jail and a fine
• Class B misdemeanor: A fine of up to $2,000, up to 180 days in jail, or both jail and a fine
• Class C misdemeanor: A fine of up to $500

Specific weapons offenses may impose different sentencing provisions, including mandatory minimum sentences for convictions.

Convictions for weapons crimes may have other long-term consequences. Most importantly, a conviction will result in a criminal record that can cause the loss of certain rights and impose a personal or professional stigma. Criminal records may appear in background checks for housing, employment, or professional licenses, making it more challenging to pursue such opportunities.

Steps to Take After an Arrest on Firearm Charges

When the police arrest you for a weapons offense, steps you can take to protect your rights and defend yourself against your charges include:

• Exercise your right to remain silent by advising the officers that you will not answer questions or provide a statement about your charges.
• Exercise your right to legal counsel by asking to speak to a criminal defense attorney as soon as possible.
• Gather evidence that may help with your defense, such as information for witnesses with favorable testimony, copies of firearm licenses, or other proof of your lawful possession of a weapon.
• Contact Rosenthal Kalabus & Therrian to discuss your charges and how we can help you build a compelling defense case.

How Can a Criminal Defense Attorney for Gun Crimes Help You?

A criminal defense lawyer from Rosenthal Kalabus & Therrian can help you stand up for your rights and interests in the criminal justice system as you face prosecution for a firearms offense by:

• Thoroughly investigating your charges to secure evidence for your defense
• Helping you understand your case and the evidence to ensure you can make informed decisions about how to proceed
• Evaluating potential defenses and legal strategies based on the facts
• Challenging the prosecution’s case at every opportunity to seek an efficient resolution for you
• Fighting as hard as necessary to secure the best possible result, even when that means going to trial

Contact Our Firm Today to Learn More About Your Options

After getting arrested for a weapons offense in Addison, protect your rights, freedom, and future by seeking experienced legal advice and advocacy from a gun crime lawyer in Addison from Rosenthal Kalabus & Therrian. Contact us today at (972) 369-0577 for a confidential consultation with a knowledgeable Addison defense attorney to discuss how our firm can help you pursue a favorable resolution to your charges.