The state of Texas has more registered firearms than anywhere else in the United States. With over a million guns legally owned, Texas has nearly double the number of firearms of any other state. And while the vast majority of these guns are used responsibly, for either hunting or self-defense, there are cases where their use steps outside the boundaries of the law. When charges are filed, a Midland weapons crimes defense lawyer, schooled in the nuances of Texas law, can fight for the rights of the accused.
Attorney Tommy W. Hull has over 15 years of experience in criminal law. He knows not everyone charged with a crime is a bad person–and that they may not even be guilty. But no matter what, they deserve a fair trial led by a lawyer who believes in them. Tommy W. Hull PC serves all of Midland County and extends into Odessa.
Assault Aggravated Assault with a Deadly Weapon
Client was charged with aggravated assault for firing a shot into another individual’s tire as they were trying to drive off. Client was a retired man ...
Assault Assault Family Violence by Strangulation
Client was charged with a felony for allegedly assaulting his mother in law by choking her. It was clear to me that the only contact my client made with ...
Theft Burglary of a Habitation Committing Sexual Assault
Client was alleged to have entered a trailer house without consent and raped a women that he knew. The reality was that he had permission to be inside ...
DWI Driving While Intoxicated
Client was a local attorney who backed into an off duty officer’s vehicle in a restaurant parking lot. I launched an all-out attack on the unreliable ...
DWI Driving While Intoxicated Second Offense
Client was charged for her second DWI offense when she flipped her vehicle and landed in someone’s home. Her blood alcohol was over 3 times the legal ...
Evading Arrest Evading Arrest
Client was a teenage in high school. He was with a group of friends in a parking lot when the police showed up some of them ran and the officer chased ...
“We could not be happier with the outcome as he got the case dismissed. Would recommend him to anyone in need of a criminal defense attorney.”- Kathryn
One important caveat is that while weapons charges are commonly associated with guns, the legal application is broader. The state of Texas defines a weapon as a club, or a knife with a blade that exceeds 5 ½ inches in length.
Penalties for Weapons Crimes
The sentence for anyone convicted of a weapons crime will depend on the severity of the offense and whether the convicted person has a previous criminal record. The range of possibilities covers everything from a small fine (for a Class C misdemeanor) to life in prison (for a 1st-degree felony). Suffice it to say, most everything in between is also on the table.
What has to be emphasized though, is the sanctions that follow a weapons crime conviction even after a fine has been paid or jail time served. To start with, a conviction for any offense can impact someone’s future ability to find housing and employment.
If a weapons crime is even as high as Class B misdemeanor (the second-lowest possible charge on the legal totem pole), the person is ineligible to own a legal handgun. If a felony weapons charge sticks, the person will not be able to take a gun outside ever again. To give this some context, non-weapons felony convictions do not automatically carry this penalty with them.
Furthermore, Texas weapons law is not the only factor. Federal charges may also be involved, depending on the nature of the case. When that happens, it’s possible for a defendant to face charges from both state prosecutors and federal prosecutors and to have to deal with two different trials.
Things can look bleak when you’re charged with a weapons crime. Your defense attorney is there to work with you on a path towards hope.
Defenses Against Weapons Charges in Midland County
A Midland County weapons crimes defense lawyer has viable strategies that can be employed towards the goal of gaining full acquittal. There are several factors that can mitigate or eliminate guilt.
The three most common weapons charges are the following…
- Unlawful sale of a weapon
- Recklessly discharging a gun
- Assault with a deadly weapon
It’s worth noting that weapons crimes can also be intertwined in cases involving domestic violence, robbery and others.
A defense against unlawful sale might be that the seller didn’t know that the person was ineligible to own a gun. Not every seller can be reasonably expected to know that the buyer has a previous criminal record or that they have a restraining order filed against them.
The charge of recklessly using a gun might be to challenge the prosecution on the grounds for claiming that the action was reckless. It’s always worth remembering that the prosecution must prove the guilt of the accused. The accused does not need to prove their innocence. A good defense lawyer knows how to make the prosecution’s job harder.
An assault charge involving a gun might be defended on the grounds of a misunderstanding. Assault can involve only words or gestures. If guns are involved, perhaps an action that was done in jest or without malice was taken the wrong way. If the defendant claims this, it’s the prosecution’s job to prove otherwise–and to do so beyond a reasonable doubt.
Few defense lawyers know better than Attorney Tommy W. Hull just how difficult a challenge prosecutors face in weapons crime trials. That’s because Attorney Hull was a felony prosecutor for the state of Texas. Now, a defense attorney, Attorney Hull has a unique understanding of how to challenge evidence, how to move a jury and how to negotiate with a prosecutor.
Call Tommy W. Hull PC at (432) 223-0044 or contact him online to set up a free consultation.