Accused of Aggravated Assault with a Deadly Weapon?

Contact Our Denton County criminal defense attorneys

Accused of Aggravated Assault with a Deadly Weapon?

Contact Our Denton County Criminal Defense Attorneys

Texas law and federal law have several weapons offenses. Commonly 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
  • Carry or Use of a Firearm During Violent or Drug Crime
  • False Statement to Firearms Dealer

Punishments for weapons cases can be severe. Recently, the government has increased prosecutions for “straw man” purchases, or when someone buys a firearm for someone else.

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

  • Sexual Assault
  • Drug Possession
  • Drug Dealing
  • Robbery
  • Theft
  • Domestic Violence 

Defending Weapons Cases

Quite often, the search and seizure of the 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 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

https://texas.public.law/statutes/tex._penal_code_section_46.02

In 2007, the Legislature made an important change to this Texas law. A person in Texas may now carry a handgun in their car if they meet certain requirements.

The requirements are:

  • the handgun cannot be in plain view;
  • the person cannot be engaged in any criminal activity,
  • the person cannot be prohibited from carrying a weapon by any other law;
  • the person cannot be a member a criminal gang.

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

Unfortunately, the law has not become common information among many police officers.  It is not unheard of to defend clients against arrests pertaining to the lawful carry of a weapon in their vehicle.

It’s imperative that you contact a Denton criminal defense lawyer immediately if you or a loved one is facing abuse allegations/charges.

Close Menu