Gun Crimes
Fort Bend County Gun Crimes Lawyer
Guns are common here in Texas. There are more registered guns in our home state than anywhere else in the country–in fact, the number of legally registered firearms is nearly double the amount of any other state. What’s more, Texas law on concealed carry was significantly loosened in the fall of 2021. But the fact guns are common and laws regarding their use are comparatively lenient doesn’t mean there aren’t any restrictions on gun usage. When a person runs afoul of the law, a Fort Bend County gun crimes lawyer must step in to protect their rights and potentially their freedom.
The Law Office of Annie Scott has been fighting to protect the rights of people in Fort Bend County and Harris County since 2010. Our track record of success speaks for itself. Reach out today at (281) 466-4118 or contact us online when you or someone you love is facing gun crimes charges. Calls answered 24 hours a day/7 days a week by a live person.
Common Texas Gun Law Violations
People are most likely to get in legal trouble over guns on issues pertaining to unlawful sale, reckless usage, and assault. The most common examples are these…
Illegal Possession of a Gun
Not everyone is allowed to carry a gun. Texas law prohibits anyone with a felony conviction from carrying until five years have passed from the completion of their sentence. A person with a restraining order out against them may be prohibited from possession of a weapon under the terms of the order. Even a gun that is otherwise legally owned can fall into this category if the person has the gun on them while intoxicated.
Unlawful Sale
This is related to illegal possession, in that an otherwise lawful gun owner may not sell to someone who cannot legally possess the firearm. It is also illegal to sell a gun to a minor. We know that there are a number of teenagers who know all about gun safety. It is still against the law to sell them a firearm.
Reckless Usage
The law defines “reckless” as something a reasonable person would not do. That’s a definition that is subject to interpretation. In a criminal case, a jury would be the ones responsible for deciding what is reasonable use and what is reckless discharge. A person that fires a gun for “fun” in a Richmond neighborhood is quite likely acting recklessly. The same person firing the same gun in the same neighborhood, but for purposes of self-defense is likely acting reasonably.
Every circumstance is different and every person on a jury perceives these issues differently. It’s up to a Fort Bend County gun crimes lawyer to make the individual’s case as persuasive as possible.
Assault
It’s important to note that assault is different from battery. Most of the time, these two violations go hand-in-hand, but gun crimes are an area where they may not. Battery refers to the physical striking of another person. Assault, on the other hand, has a broader definition that covers the threat of violence.
If actions are taken that would make a reasonable person feel threatened and fear for their physical safety, then the District Attorney has the basis for an assault charge. When a gun is involved, this can be upgraded to assault with a deadly weapon.
Attorney Annie Scott worked in the D.A.’s office before she became a defense lawyer. She knows the strategies prosecutors use and she understands how to fight them. Call the Law Office of Annie Scott for help at (281) 466-4118 or contact us here online to set up a free consultation.
Recent Wins
View Our CASE RESULTS
-
Controlled Substance Possession Dismissed 2021
-
Violence 3 year Deferred Adjudication/Overall Dismissed 2
-
Drug Possession Dismissed 2021
-
Assault Dismissed 2021
-
Other Misdemeanor Dismissed 2021
-
“Attorney Scott as well as her staff were friendly and very knowledgeable. She took the time to listen to my concerns and review my case.” - DJ S.
-
“We followed through with her game plan and walked away from the courtroom victorious. Free from probation and jail time, I was in shock.” - Former Client
-
- Dolores Davila
Gun Crime Penalties in Texas
The severity of the crime and the prior record of the individual are the main factors that determine what sentence a prosecuting attorney may seek. The lowest level penalty is a Class C misdemeanor, which can be a small fine. The most severe charge is a 1st-degree felony, which has a maximum sentence of life imprisonment. There are three important factors to consider about the wide gulf that exists between these two extremes…
A gun crime does not have to be felony to result in jail time. Even misdemeanor violations can result in prison time.
Even if the sentence itself is not severe, there are still significant consequences. A violation need only be as high as a Class B misdemeanor to make an individual ineligible to own a handgun. Felony convictions can prevent someone from carrying a gun outside their home. All of which is in addition to the general difficulties in finding housing and employment that can result from a conviction of any kind.
Certain crimes involving guns can also fall under federal law. In these circumstances, federal charges can be filed in addition to state charges. This can mean two separate trials and two separate sentences.
The consequences are serious, but there are viable defense strategies that a Fort Bend County gun crimes attorney can pursue. Self-defense can be cited over any question of usage. To be charged with illegal sale means the prosecutor must prove the individual knew the buyer was not allowed to own a gun. Filing charges against someone is one thing. Proving them in court to a jury is quite another.
The Law Office of Annie Scott fights hard for accused’ rights. Our founding partner, Attorney Annie Scott, has worked as a lawyer in a District Attorney’s office and has firsthand knowledge of the challenges that prosecutors face. For over 12 years, Attorney Scott has leveraged that knowledge as a defense attorney, ensuring her clients get a legal defense that is thorough and vigorous.
The Law Office of Annie Scott serves all of Fort Bend County and Harris County. Call the Sugar Land office today at (281) 466-4118 or contact us online to set up a free free consultation.
