Individuals often associate the term weapon with a gun, yet a weapon is actually any item that may be employed to carry out deadly force. This includes a wide range of items, including brass knuckles, knives and sharp objects. In addition, a weapons possession charge could mean law enforcement found the weapon in a person’s vehicle, in their personal possession, within the home or on some other type of property owned or controlled by the person being charged. When a person is arrested for this crime, he or she needs an experienced attorney for representation.
Certain weapons possession charges are a misdemeanor, yet others are a felony. Often, this is based on the circumstances surrounding the case. For example, a person who does not have a permit to carry a weapon or keep one in their possession may find they are charged with a felony. The court then looks at the location in which the weapon was discovered and if it was used. The attorney takes these facts into consideration when crafting a defense.
In addition, individuals may not carry a weapon into certain locations. Courthouses, liquor stores, bars, schools and churches are on the list of places where weapons are prohibited. Furthermore, the law prohibits the possession of specific types of weapons, like brass knuckles, nunchucks, short barrel rifles and shotguns and fully automatic firearms. Finally, certain crimes are prosecuted at the state level, yet others are tried in a federal court. With so many variables at play, it’s easy to see why an attorney becomes essential when one is charged with this crime.
Contact Vinas & Graham if you or a loved one has been arrested on a weapons possession charge. The sooner legal help is obtained, the sooner the matter can be resolved with the least possible consequences for the accused. The attorney will evaluate the case and review the evidence to determine the best defenses. Individuals have rights under Texas law, and the firm works to ensure they are protected at all times. The United States Constitution provides these rights, yet the average person may not know how to use them to their advantage. We do and will be happy to help clients at any time.
