Austin Weapons Charges Attorney
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Facing a weapons charge in Austin or the wider Central Texas region can be an intimidating experience. Whether you’ve been accused of unlawfully carrying a weapon, discharging a firearm in public, or being a felon in possession of a weapon, the consequences can be severe. Understanding the intricacies of both Texas and federal law regarding weapons offenses is crucial, and that’s where an experienced weapons charges attorney comes in.
Meet Lance Kennedy: Your Austin Gun Crime Attorney
A weapons charges lawyer is a professional who specializes in defending individuals facing accusations related to firearms or other weapons. In Central Texas and Austin, one such expert is Lance Kennedy. With a solid track record and a reputation for providing aggressive representation, Lance Kennedy is the gun crime attorney you need on your side.
Understanding Weapons Charges in Central Texas
Texas law and federal law have several weapons offenses. Commonly charged weapons offenses include:
1. Unlawfully carrying a weapon
2. Discharging a firearm in a public place or in certain municipalities
3. Felon in possession of a weapon
4. Possessing or selling prohibited weapons
5. Carrying a weapon into a restricted area like an airport
6. Carry or Use of a Firearm During Violent or Drug Crime
7. False Statement to Firearms Dealer
Weapons charges are serious offenses that can result in harsh penalties. According to the Texas Penal Code Section 46.02, offenses can range from unlawfully carrying a weapon, possessing or selling prohibited weapons, carrying a weapon into restricted areas, to making a false statement to a firearms dealer.
In recent years, the government has increased prosecutions for “straw man” purchases (buying a firearm for someone else) to counteract the smuggling of firearms from the United States to Mexico for use in drug-related crimes. If you find yourself accused of a similar offense, the expertise of a gun defense attorney like Lance Kennedy is invaluable.
Unlawfully Carrying a Weapon: Texas Penal Code Section 46.02
In 2007, the Legislature made an important change to this Texas law. A person in Texas may carry a handgun in their car if he meets specific requirements.
The requirements are: the handgun cannot be in plain view, and the person cannot be engaged in any criminal activity. The State cannot prohibit the person from carrying a weapon by any other law, but the person cannot be a member of a criminal street gang.
The overall effect of this law is that many Texans can now carry a concealed firearm in their vehicle without a concealed handgun license. Unfortunately, the law has not filtered down to many police officers. Arrests still occur for citizens lawfully carrying a weapon in their vehicle.
Building Your Defense: The Role of a Gun Offense Lawyer
Often, a criminal defense attorney can challenge the search and seizure of the weapon. If the arresting officer did not have a constitutionally permissible reason to detain and search you when he found the weapon, your case might be able to be thrown out.
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 evidence seized (e.g., the weapon) can be excluded.
Furthermore, your gun defense attorney will examine the evidence linking you to the weapon. In shared living situations, the government must prove the weapon was under your care, not that of a roommate.
Additionally, changes to Texas law have made it legal for many Texans to carry a concealed firearm in their vehicle without a concealed handgun license, as long as specific requirements are met. Despite this, arrests for lawful carry continue to happen, emphasizing the need for defense resources and a knowledgeable weapons charges lawyer.
Facing a Weapons Charge in Central Texas? Your Gun Defense Lawyer
If you’ve been charged with a weapons crime in Austin, Round Rock, New Braunfels, San Marcos, or other areas in Central Texas, do not hesitate to contact Lance Kennedy, a renowned gun crime attorney in Central Texas. You can reach out for a FREE case review today!
For further information and assistance from a trusted gun offense lawyer, you can check out Lance Kennedy’s federal Law practice areas and Texas law practice areas. Visit Lance Kennedy’s website for answers to FAQs and to know more about Lance Kennedy. You deserve to get your life back, and an experienced gun defense attorney can help you get there. Remember, when faced with weapons charges, you’re not alone—Lance Kennedy is here to fight for you.
Frequently Asked Questions (FAQs)
Can assault with a deadly weapon charges be dropped?
Yes, your gun defense lawyer can have these charges dropped if there’s insufficient evidence, if the evidence was illegally obtained, or if the prosecutor decides to dismiss the case for other reasons. However, this is a complex process that requires the expertise of a seasoned weapons charges lawyer.
What is considered a weapons charge in Central Texas?
Weapons charges can vary and include unlawfully carrying a weapon, possessing or selling prohibited weapons, carrying a weapon into a restricted area, and more. You can find detailed information about these charges in the Texas Penal Code Section 46.02 or by contacting your gun offense lawyer.
What is a weapon under disability charge?
A weapon under disability charge typically refers to a situation where an individual legally prohibited from possessing a weapon (due to a previous conviction or other legal disability) is found in possession of one.
What should I do if I am charged with a weapons offense in Central Texas?
Contact a trusted weapons charges attorney immediately. The gun defense lawyer can provide guidance, protect your rights, and build a robust defense strategy.
How do you handle client confidentiality in weapons charge cases?
As with all cases, Lance Kennedy respects the sanctity of the attorney-client privilege. All communications between you and him are confidential and can’t be disclosed without your permission.
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