How To Defend Against Gun Possession Charges In Galveston County

Gun possession charges in Texas carry serious consequences, especially in Galveston County, where law enforcement takes these offenses seriously. Texas is known for its strong support of gun rights, but that does not mean the law is lenient when someone is accused of illegally carrying or possessing a firearm. Prosecutors aggressively pursue these cases, and a conviction can lead to fines, jail time, and restrictions on future firearm ownership.

We understand how overwhelming it can be to face gun possession charges, particularly if the arrest was unexpected or based on unclear circumstances. At Mark Diaz & Associates, we are committed to defending individuals accused of gun crimes and ensuring that their rights are protected under Texas law.

Understanding Texas Gun Possession Laws

Texas law permits individuals to carry firearms under specific conditions, but certain restrictions apply. The most relevant statutes concerning gun possession charges include:

• Texas Penal Code § 46.02 – This statute states it is legal to carry a handgun on your person so long as you are on your own premises or a premises under your control, or if you are inside of or directly en route to a motor vehicle or boat you own or of which is under your control.
• Texas Penal Code § 46.04 – This law prohibits felons from possessing a firearm within five years of release from confinement or supervision. Even after that period, possession is only allowed in the individual’s residence.
• Texas Penal Code § 46.05 – This statute criminalizes the possession of prohibited weapons, such as machine guns, explosive weapons, and short-barrel firearms, unless federally registered.
• Texas Penal Code § 46.03 – This law bans firearm possession in certain locations, including but not limited to schools, polling places, and government buildings.

Understanding how these laws apply to a specific case is critical in developing a strong defense.

Common Defenses Against Gun Possession Charges

Illegal Search And Seizure

The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement obtained a firearm without a valid search warrant or probable cause, the evidence may be inadmissible in court. We carefully examine how the weapon was found and whether the police followed proper procedures. If they violated constitutional rights, we may be able to have the charges dismissed.

Lack Of Possession

Possession must be proven beyond a reasonable doubt. In some cases, a firearm may have been found in a shared space, such as a vehicle or home, making it unclear who actually possessed it. If the prosecution cannot establish that the defendant had knowledge of or control over the firearm, then that could lead to some positive outcomes on the case as a result.

License To Carry Defense

Texas allows individuals to carry firearms in certain circumstances, especially with a valid License to Carry (LTC). If someone is accused of unlawful possession, we review whether they had a legal right to carry the weapon. Prosecutors often fail to consider valid LTCs when making arrests, and presenting this evidence can lead to charges being dropped.

Mistaken Identity

Firearm possession cases sometimes involve mistaken identity. If an arrest was based on unreliable witness testimony or confusion about ownership, we work to present evidence proving that our client was not responsible for the alleged offense.

Self-Defense Argument

Texas law recognizes the right to self-defense. If someone possessed or displayed a firearm due to an immediate threat, this may serve as a valid defense. The circumstances surrounding the arrest play a critical role in determining whether self-defense applies.

Legal Ramifications Of A Gun Possession Conviction

Misdemeanor vs. Felony Charges

Gun possession charges in Texas can range from Class A misdemeanors to third-degree felonies. The severity of the charge depends on factors such as prior criminal history, where the firearm was found, and whether the individual had a legal right to possess it.

• Unlawful Carrying Of A Weapon (UCW) – Generally a Class A misdemeanor, punishable by up to one year in jail and a possible $4,000 fine.
• Felon In Possession Of A Firearm – A third-degree felony, carrying a sentence of two to ten years in prison and possible fines of up to $10,000.
• Possession In A Prohibited Place – A felony offense if a firearm is carried in locations such as a school or courthouse.

Impact On Gun Rights

A conviction can result in the loss of firearm ownership rights. Under both Texas and federal law, felons are generally prohibited from possessing firearms. Restoration of rights may require legal action, such as a pardon or an expunction, both of which are difficult to obtain.

Employment And Background Checks

A gun possession conviction can impact future employment opportunities. Many employers conduct background checks, and a criminal record may make it harder to secure a job, particularly in fields requiring security clearance or professional licenses.

Frequently Asked Questions About Gun Possession Charges In Texas

What Should I Do If I Am Arrested For Gun Possession In Galveston?

Remain calm and exercise your right to remain silent. Anything said to law enforcement can be used against you in court. Politely decline to answer questions until an attorney is present. Contact a defense lawyer as soon as possible to review the case and begin building a strong defense.

Can I Carry A Firearm In My Car Without A License In Texas?

Yes, Texas law allows individuals to carry a firearm in their vehicle without a License to Carry (LTC) as long as the weapon is not in plain view. The firearm must be concealed unless the individual has an LTC.

What Happens If A Firearm Is Found In A Shared Vehicle Or Home?

In cases where a firearm is discovered in a vehicle or residence shared by multiple people, prosecutors must prove that the accused knowingly possessed the weapon. If there is doubt about who actually controlled the firearm, the charges may not hold up in court.

How Does A Felony Conviction Affect My Right To Own A Gun In Texas?

Under Texas Penal Code § 46.04, a person convicted of a felony cannot possess a firearm until five years after release from confinement or supervision. Even then, possession is only allowed within their home. Federal law may impose additional restrictions.

Are There Any Circumstances Where Carrying A Gun In Public Without A License Is Legal?

Yes, Texas law allows permitless carry for individuals 21 or older who are legally allowed to possess a firearm under certain circumstances. However, restrictions apply, such as carrying in prohibited locations like schools and government buildings.

What Are The Penalties For Carrying A Gun While Intoxicated In Texas?

Carrying a firearm while intoxicated is a Class A misdemeanor, punishable by up to one year in jail and a possible $4,000 fine. If an individual is arrested for DWI and found with a firearm, additional charges may apply.

Can A Gun Possession Charge Be Dismissed?

Yes, charges can be dismissed for many reasons, some of those reasons may include if there is an unlawful search, a lack of evidence proving possession, or a valid legal defense. Each case is unique, however, and a thorough review of the facts is necessary to determine the best defense strategy.

What If I Was Carrying A Gun For Self-Defense?

Texas law allows for individuals to defend themselves with a firearm under certain specific circumstances when threatened by another, but understand that there are limitations. If the firearm was possessed in a restricted area or by someone legally prohibited from owning one, the self-defense claim may not apply. A defense attorney can evaluate whether self-defense is a viable argument in the case.

How Long Does A Gun Possession Case Take To Resolve?

The length of a case depends on the complexity of the charges, the available evidence, and whether a plea deal is negotiated or the case goes to trial. Some cases resolve within a few months, while others may take a year or more.

Can I Get My Gun Back After A Gun Possession Arrest In Texas?

Whether a firearm can be returned after an arrest depends on the circumstances of the case. If the charges are dropped or the case is dismissed, it may be possible to reclaim the firearm. However, if the weapon was seized as evidence in a criminal case or the defendant is convicted of an offense that prohibits firearm possession, the state may not return it. An attorney can assist in determining the best way to recover a seized firearm or of it is even a possibility in your specific case.

What Happens If I Accidentally Carry A Firearm Into A Prohibited Area?

Texas law makes it illegal to carry a firearm in specific locations, such as schools, polling places, and courthouses. In some cases, individuals unknowingly bring a firearm into a restricted area. If there was no intent to commit a crime, this may be used as a defense. Prosecutors must prove that the defendant knowingly violated the law. A defense attorney can work to show that the incident was a mistake and argue for the case to be dismissed or penalties reduced.

Can A Gun Charge Be Expunged From My Record In Texas?

Expunctions are possible in certain cases, but eligibility depends on the outcome of the case. If charges were dismissed, no indictment was filed, or the defendant was acquitted, an expunction may be an option. If the charge resulted in a conviction or you entered a guilty or no contest plea, generally, an expunction is not available. Even though the case may not be eligible for an expunction, the case may qualify for a nondisclosure or a sealing of your record. An attorney can review the case and determine if an expunction or nondisclosure is possible.

Contact Mark Diaz & Associates For A Strong Gun Crime Defense

Gun possession charges in Galveston County should never be taken lightly. A conviction can have lasting effects on your freedom, future employment, and gun ownership rights. At Mark Diaz & Associates, we aggressively defend clients facing firearm-related charges. Our firm is dedicated to protecting your rights and fighting for the best possible outcome in your case.

If you have been charged with unlawful gun possession in Galveston County or in the greater Houston area, contact us immediately. Contact our Galveston County gun crime lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We are prepared to fight for your defense and protect your future.