Austin Weapons Defense Attorney

Weapons Charges in Austin: Your Defense with Lance Kennedy

When you or a loved one faces weapons charges in Austin, TX, you’re likely worried about your future, your freedom, and the impact on your family and career. You need a legal advocate who understands the complexities of Texas weapons laws and the emotional toll these charges can take.

Austin weapons defense attorney Lance Kennedy of Lance Kennedy Law knows firsthand the stress and confusion you’re experiencing. He’s stood beside countless individuals in similar situations, offering not just legal representation but also compassionate and unwavering support.

Whether you face charges for unlawful carry, possession of a prohibited weapon, or more serious weapons allegations, Lance Kennedy is here to guide you through this difficult journey.

Take the first step towards protecting your rights and your future by reaching out to Lance Kennedy Law. We offer you a free and confidential consultation to discuss your case and explore your options. Remember, you’re not alone in this fight.

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What Are Texas Weapons Laws?

While Texas is known for its relatively permissive gun laws, the state still has many restrictions and regulations. You need to understand these laws if you face weapons charges.

In Texas, most adults can legally openly carry handguns in a holster without a license, as long as they’re not prohibited from possessing firearms. However, carrying a weapon in many situations can lead to criminal charges.

Some common weapons offenses in Texas include:

• Unlawful Carrying of a Weapon (UCW): This can occur if you carry a handgun without a license in certain prohibited places, such as schools, polling places, or while intoxicated.
• Possession of a Prohibited Weapon: This includes items like brass knuckles, explosive weapons, machine guns, short-barrel firearms, or zip guns.
• Unlawful Transfer of a Weapon: Selling or giving a firearm to someone who’s prohibited from possessing one, such as a felon or someone under a protective order.
• Felon in Possession of a Firearm: It’s illegal for convicted felons to possess firearms in most cases.
• Discharge of a Firearm in Certain Municipalities: Firing a gun within city limits can be a criminal offense in many Texas cities.

These are just a few examples of the many weapons-related offenses in Texas. The specific circumstances of your case will determine the exact charges and potential penalties you face. That’s why you need to consult an experienced attorney like Lance Kennedy, who can explain the nuances of the law as it applies to your situation.

When Do Weapons Charges Become Federal Offenses?

While many weapons charges are handled at the state level, certain circumstances can elevate these offenses to federal crimes. Federal weapons charges often carry harsher penalties and are prosecuted by U.S. Attorneys rather than local district attorneys.

Some situations that can lead to federal weapons charges include:

• Interstate trafficking of firearms
• Possession of illegal weapons, such as fully automatic firearms or destructive devices
• Using a firearm in connection with a drug trafficking crime or violent crime
• Possessing a firearm as a prohibited person (such as a felon) if the firearm has traveled in interstate commerce
• Lying on federal firearms purchase forms

Lance Kennedy’s experience as a former U.S. Assistant Attorney gives him valuable insight into how the federal government builds and prosecutes weapons cases. If you face federal weapons charges, you need an attorney who understands both state and federal law to help you build the strongest defense.

What Are Possible Penalties for Weapons Charges?

The penalties for weapons charges in Texas can vary widely depending on the specific offense and circumstances. They can range from Class C misdemeanors to first-degree felonies.

Here’s a general overview of potential penalties:

• Class C Misdemeanor: Fine up to $500
• Class B Misdemeanor: Up to 180 days in jail and/or a fine up to $2,000
• Class A Misdemeanor: Up to 1 year in jail and/or a fine up to $4,000
• State Jail Felony: 180 days to 2 years in state jail and/or a fine up to $10,000
• Third Degree Felony: 2 to 10 years in prison and/or a fine up to $10,000
• Second Degree Felony: 2 to 20 years in prison and/or a fine up to $10,000
• First Degree Felony: 5 to 99 years or life in prison and/or a fine up to $10,000

Federal weapons charges often carry even harsher penalties. Some offenses can result in mandatory minimum sentences of 5, 10, or even 30 years in federal prison.

How Can Weapons Charges Affect Your Life?

The impact of a weapons conviction extends far beyond fines and potential jail time.

It can have long-lasting effects on various aspects of your life:

• Employment: Many employers hesitate to hire individuals with weapons convictions, especially for positions involving security or handling sensitive information.
• Housing: Landlords often conduct background checks and may deny housing to those with weapons convictions.
• Education: Some colleges and universities may deny admission or financial aid to students with criminal records.
• Professional Licenses: Certain professional licenses may be revoked or denied due to a weapons conviction.
• Gun Ownership Rights: A conviction may result in the loss of your right to own or possess firearms.
• Immigration Status: For non-citizens, a weapons conviction can lead to deportation or denial of naturalization.
• Personal Relationships: The stress of legal troubles and potential incarceration can strain relationships with family and friends.
• Travel: Some countries may deny entry to individuals with criminal records.
• Reputation: A weapons conviction can damage your reputation in your community and online.

Given these serious consequences, you must mount a strong defense against weapons charges. Lance Kennedy understands what’s at stake and will work vigorously to protect your rights and your future.

What to Do if Police Arrest You on Weapons Charges in Austin

If police arrest you on weapons charges in Austin, remain calm and remember your rights.

• Exercise your right to remain silent: Don’t discuss the charges or circumstances with anyone except your attorney. Anything you say can be used against you in court.
• Be polite but firm: Respectfully decline to answer questions without your lawyer present.
• Don’t consent to searches: If police ask to search your property, politely refuse unless they have a warrant.
• Request an attorney immediately: Ask to speak with a lawyer as soon as possible. Don’t wait for your first court appearance to seek legal representation.
• Document everything: As soon as you’re able, write down everything you remember about the arrest and the events leading up to it.
• Don’t discuss your case: Avoid talking about your case with cellmates if you’re in jail, and don’t post about it on social media.
• Contact Lance Kennedy Law: The sooner you have experienced legal representation, the better your chances of a favorable outcome.

Remember, an arrest is not a conviction. With the right defense strategy, you can fight the charges and preserve your freedom.

What Are Possible Defenses to Weapons Charges?

There are several potential defenses to weapons charges, depending on the specific circumstances of your case.

Some common defense strategies include:

• Lack of knowledge: You may not have known you possessed the weapon.
• Lack of intent: You may have accidentally carried a weapon into a prohibited area without realizing it.
• Constitutional violations: If the police conducted an illegal search or seizure, the evidence may be suppressed.
• Self-defense: In some cases, possessing or using a weapon may be justified for self-defense.
• Mistaken identity: The weapon may not have belonged to you.
• Statutory exemptions: Certain individuals, like law enforcement officers, may be exempt from some weapons laws.
• Challenging the prosecution’s evidence: This could involve questioning the reliability of witnesses or the handling of physical evidence.

Lance Kennedy will thoroughly examine the details of your case to identify the most effective defense strategies for your situation. He only needs to establish reasonable doubt to secure an acquittal. He will carefully scrutinize every aspect of your case and present a compelling argument to make a judge or jury question your involvement.

How Can Lance Kennedy Law Build a Solid Defense Case for Me?

Building a strong defense against weapons charges requires a comprehensive approach.

Here’s how Lance Kennedy will work to build your defense:

• Carefully review all evidence, including police reports, witness statements, and physical evidence.
• Consult with ballistics experts, forensic specialists, and other professionals when necessary to challenge the prosecution’s evidence.
• Examine whether authorities violated your constitutional rights during the arrest or investigation.
• Negotiate for reduced charges or alternative sentencing options, depending on the strength of evidence and other factors.
• Prepare a solid defense strategy, including cross-examination of witnesses and presentation of evidence.

Even if conviction is unavoidable, Lance will advocate for the most favorable sentencing outcome possible. He’ll advise you on how to mitigate the impact of charges on your life beyond the courtroom. Throughout the process, Lance will keep you informed and involved in decision-making about your case.

Why Should I Choose Lance Kennedy Law for My Criminal Defense?

When facing weapons charges in Austin, you need an attorney who understands the law and has the experience and dedication to fight for your rights.

Here’s why Lance Kennedy is the right choice:

• Unique perspective: As a former U.S. and Texas criminal prosecutor, Lance has invaluable knowledge from both sides of the courtroom. He understands how prosecutors build their cases, giving him an edge in crafting effective defenses.
• Extensive experience: Lance has handled numerous weapons cases throughout his career, both as a prosecutor and as a defense attorney.
• Local knowledge: With deep roots in the Austin legal community, Lance understands the local court system and has established relationships with judges and prosecutors.
• Dedication to clients: Lance is committed to providing personalized attention to each client, ensuring you’re informed and involved throughout the legal process.
• Strong track record: Lance has a history of achieving favorable outcomes for his clients through negotiation or trial.
• Comprehensive approach: He considers not just the immediate legal consequences but also the long-term impact on your life when developing defense strategies.
• Respect in the legal community: Lance’s professionalism and skill have earned him the respect of colleagues, judges, and even opposing counsel.
• Commitment to justice: Lance is passionate about protecting the rights of the accused and ensuring fair treatment under the law.

When you choose Lance Kennedy Law, you’re not just getting a lawyer – you’re getting an advocate who will stand by your side throughout this challenging time.

Frequently Asked Questions About Weapons Charges in Austin

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