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Denton Weapons Violation Attorney

Aggravated Assault with a Deadly Weapon | Magaña & Van Dyke

Denton County Weapons Violation Lawyer Serving Denton

Texas law and federal law have defined several weapons offenses.

Common weapons offenses include:

  • Unlawfully carrying a weapon
  • Discharging a firearm in a public place or certain municipalities
  • Felon in a possession of a weapon
  • Possessing or selling prohibited weapons
  • Carrying a weapon into a prohibited area
  • Carrying or using a firearm during a violent crime or drug crime
  • Making false statements to a firearm dealer

Punishments for weapons offenses can be severe. Recently, the government has increased prosecutions for "straw" purchases, which occur when someone buys a firearm for someone else.

Aggravated assault may be stacked with other offenses, depending on the circumstances of your case. Weapons violations are often charged in relation to:

Defending Weapons Cases

Quite often, the search and seizure of a weapon can be challenged. If the arresting officer did not have a constitutionally permissible reason to detain and search you when they found the weapon, your case may be dismissed.

For example, if an officer stops you in your car and finds an illegal weapon, but the officer did not have cause to stop your vehicle, the weapon seizure can possibly be excluded.

If you have been accused or believe that you will be accused of aggravated assault, contact our Denton County criminal defense attorneys.

Another defense to weapons cases is possession. Sometimes, the government may not able to prove the weapon was in your possession. For instance, if you share a house with other roommates where a weapon is found, the government will be required to link the weapon to you.

Unlawfully Carrying a Weapon: Texas Penal Code Section 46.02

A person in Texas may carry a handgun in their car if they meet certain requirements.

The requirements are:

  • The handgun cannot be in plain view unless the person is at least 21 years old or has a license to carry a handgun and is carrying a handgun in a holster;
  • The person cannot be engaged in any criminal activity; and
  • The person cannot be prohibited from possessing a weapon by any other law.

The effect of this law is that Texans can carry a concealed firearm in their vehicle without a concealed handgun license.

Unfortunately, police officers may believe that a person has violated the law if a weapon is found in their possession. It is not unheard of to defend clients against arrests pertaining to the lawful carry of a weapon in their vehicle.

Contact Our Denton County Weapons Violations Defense Lawyers

It's imperative that you contact a Denton aggravated assault with a deadly weapon lawyer immediately if you or a loved one are facing abuse allegations/charges. Call 940-382-1976 to set up a free consultation today.

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