Austin, TX Weapons Charges Lawyers Who Know How to Help

If you were arrested on gun or weapons charges in Central Texas, contact us

At Botsford & Roark, our attorneys understand that facing weapons charges in Texas can be an overwhelming and stressful experience.

Whether you've been charged with unlawful possession of a gun or firearm, carrying a concealed weapon, or another weapons-related offense, you need a dedicated defense attorney who will vigorously protect your rights and provide you with support throughout the legal process.

Contact our Austin, TX weapons charges attorneys for a free and confidential case evaluation. There’s no obligation to hire, just information you can trust.

Understanding Texas weapons charges and penalties

Weapons charges in Texas encompass a range of offenses related to the possession, use, and carrying of firearms and other dangerous weapons. Understanding the different types of weapons charges and their potential penalties is crucial:

Unlawful carrying of weapons (UCW) typically involves carrying a weapon in a manner that is prohibited by law. It can include carrying a firearm in certain prohibited locations or carrying a weapon without the necessary permit.
- Usually a class A misdemeanor, however, if the offense occurs in specific prohibited places or if the person has a prior weapons-related conviction, the penalties can be more severe
- Up to 1 year in jail, $4,000 fine
Unlawful possession of a firearm by a felon is a charge that arises when an individual with a previous felony conviction is found in possession of a firearm. Convicted felons are generally prohibited from possessing firearms.
- Third degree felony
- 2-10 years in prison, up to $10,000 fine
Unlawful discharge of a firearm involves the reckless or intentional discharge of a firearm in a way that endangers human life or property. The severity of charges depends on where the weapon was fired, among other things.
- Class A misdemeanor, up to 1 year in jail, $4,000 fine
- Third degree felony, 2-10 years in prison, up to $10,000 fine
Prohibited weapons charges stem from the knowing or intentional possession, manufacture, transport, repair, sale, etc. of banned weapons that do not have a special registration or status. In Texas, banned weapons include most explosive weapons, machine guns, short-barrel firearms, armor-piercing ammunition, chemical dispensing devices, zip guns, and improvised explosive devices.
- Usually, a third degree felony
- 2-10 years in prison, up to $10,000 fine
Unlawful transfer of certain weapons involves the lease, loan, rental, or giving away of a handgun to a person who is known to have criminal intent for the weapon, is visibly intoxicated, not of age to legally possess such a weapon, a felon, or another prohibited circumstance.
- Class A misdemeanor, up to 1 years in jail, $4,000 fine
- State jail felony, if a handgun, minor, or false statements are involved, 180 days to 2 years in jail, up to $10,000 fine
Making a firearm accessible to a child involves a child gaining access to a readily dischargeable firearm due to criminal negligence like failure to secure a firearm or leaving a firearm in a place where they knew or should have known children would have access to it.
- Class C misdemeanor, up to $500 fine
- Class A misdemeanor if the child discharges the weapon causing bodily injury or death to themselves or another person, up to 1 year in jail, $4,000 fine
Firearm smuggling is the knowing involvement in the business of transporting or transferring a firearm that was acquired in violation of the law.
- Third degree felony, 2-10 years in prison, up to $10,000 fine
- Second degree felony, if three or more firearms are involved in a single offense, 2-20 years in prison, up to $10,000 fine

If a weapons crime is allegedly committed in a school zone, the penalty category of the offense is increased by one level. For example, a crime that would usually be a third degree felony would be charged as a second degree felony if allegedly committed in a weapon-free school zone.

Crafting an effective defense to weapons charges

When facing gun or weapons charges, you need a legal team with a deep understanding of Texas laws and a proven track record of successful defense strategies on your side. At Botsford & Roark, we are committed to protecting your rights and exploring various defense options, which may include:

Proving innocence. We will thoroughly investigate the circumstances of your case, gather evidence, and work to prove your innocence if you have been wrongfully accused or if there are factual inaccuracies in the charges against you.
Challenging evidence. We will scrutinize the evidence presented by the prosecution, including the legality of searches and seizures, to identify any violations of your Fourth Amendment rights. Illegally obtained evidence can be challenged and suppressed.
Negotiating favorable plea bargains. If appropriate, we will negotiate with the prosecution to secure reduced charges or penalties that minimize the long-term consequences of a conviction.
Defending your constitutional rights. Our legal team is well-versed in protecting your constitutional rights, including your right to remain silent and your right to legal representation. We will ensure that law enforcement respected your rights during the investigation and arrest.

Take weapons charges seriously. Contact our defense attorneys for help

Our experienced weapons charges lawyers at Botsford & Roark have more than three decades of experience defending individuals against such charges in Central Texas. We combine our knowledge of state laws with a dedication to advocating for our clients' best interests.

If you or your child is facing gun or weapons charges in Central Texas, you don't have to go through it alone. Contact Botsford & Roark today for a confidential case evaluation. We are here to provide you with the strong legal defense you need and deserve. Your freedom and future are our top priorities.