Dallas Gun Charges Lawyer

Texas has some of the most liberal gun laws in the country, but that doesn’t mean facing gun or firearm charges here is a minor issue. Weapon offenses can lead to severe consequences, including hefty fines, a prison sentence, and a lasting criminal record. Given the potential repercussions, having legal representation is essential. A knowledgeable gun and firearm charges lawyer in Dallas can defend your legal rights and work toward a favorable outcome, possibly even including a reduction or dismissal of the charges against you. Contact us today to speak to a knowledgeable criminal defense lawyer in Texas about your case.

How Broden & Mickelsen, LLP Can Help with Gun Charge Defense in Dallas

If you’re facing gun charges in Dallas, quick action is crucial to avoid the harshest penalties. Securing legal representation early on means your lawyer can get to work finding the most strategic defense and protecting your rights.

When you contact Broden & Mickelsen, LLP, our experienced criminal defense attorneys can:

• Listen to your story and clearly explain your rights
• Investigate the charges against you
• Identify issues with the prosecution’s case
• Secure evidence to support your side
• Pursue pre-trial interventions
• Negotiate for reduced charges or penalties
• Represent you at trial to fight for the best possible outcome
• Handle post-trial issues, including appeals

Our firm’s founders, Clint Broden and Mick Mickelsen, are board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization. With over 60 years of combined experience, they have an extensive track record at the trial and appellate levels in both federal and state cases, including complex weapons charges. In one case, the federal jury deliberated for only nine minutes before finding our client NOT GUILTY of being a felon in possession of a firearm.*

Here’s how one of our former clients described their experience with us:

“Being accused of a crime that I didn’t [commit] was one of the worst things to ever happen to me . Once accused of something you literally have to prove yourself innocent . Without a good [lawyer] like Mr Mickelsen I would probably be on some type of probation. Mr. Mickelsen got my charges dismissed. I feel so vindicated. I can’t describe how happy I am with the outcome. Thank you so very much !!!” – Tanja S.

Why You Need Highly Capable Legal Representation

Facing gun charges in Texas is a serious matter with consequences that could significantly alter your life. In Texas, firearm-related convictions carry severe penalties, ranging from hefty fines to long sentences to state prison. A conviction for a gun charge or weapons offense can also lead to the loss of future employment opportunities and hinder your ability to secure housing. It could even impact your basic freedoms, such as the right to vote or possess firearms.

Having a skilled weapons charge lawyer by your side is essential when the stakes are this high. A knowledgeable Dallas gun charges lawyer understands the complexities of firearm laws in Texas and can provide the robust defense you need.

Here’s how a skilled Texas criminal defense attorney can help:

• Gathering Evidence: A weapons charges lawyer can thoroughly investigate your case, gathering evidence and questioning witnesses to build a strong defense.
• Plea Bargaining: If appropriate, your attorney can negotiate with prosecutors to reduce the charges or penalties you face, possibly avoiding a trial.
• Strategizing in Your Defense: A defense attorney for gun charges brings a deep understanding of gun and weapon laws and can challenge the prosecution’s case, looking for legal technicalities or errors related to your charges. Your lawyer reviews the specific circumstances surrounding your case to determine the best defense.
• Representing You in Court: Should your case go to trial, your attorney represents you, arguing on your behalf and striving to achieve a favorable outcome.
• Handling Post-Trial Matters: Even after a trial, your lawyer can assist with appeals.

If you’re facing charges for a gun or weapon crime in Dallas, the right legal representation matters. Broden & Mickelsen, LLP was established in 1998. We excel in handling complex state and federal cases. With over 70 years of combined experience and board certifications in criminal and appellate law, founders Clint Broden and Mick Mickelsen offer outstanding insights and defense strategies. They have a proven track record in securing favorable outcomes, particularly in challenging firearms cases. Contact our law firm today to learn more about how we can help.

Common Firearm Offenses in Texas

Texas’s gun laws outline various firearm offenses that carry significant legal implications. Here are some common examples of weapon and gun crimes under the Texas Penal Code (Note that these are crimes under state law. There are many other federal crimes related to guns and weapons):

• Unlawful Carrying of a Weapon: This offense occurs when an individual carries a handgun, illegal knife, or club on their person and is not on their own premises, premises under their control, or inside or en route to a motor vehicle or watercraft they own or control. Carrying these weapons in a manner that is threatening or visible to the public can lead to weapon charges.
• Possession of Prohibited Weapons: Texas law prohibits possessing any of the following: an explosive weapon, a machine gun, a short barrel firearm, armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, or an improvised explosive device.
• Concealed Handgun License Violation: If a person with a concealed handgun license (CHL) fails to adhere to the regulations governing carrying concealed weapons, it constitutes a criminal offense. Carrying a handgun in prohibited places and/or not disclosing the possession of concealed handguns upon request by law enforcement are criminal offenses.
• Concealed Guns or Firearms at Certain Locations: It’s illegal to carry concealed guns or firearms in specific locations such as airports, schools, polling places, courtrooms, and government meetings. Even with a CHL, carrying a firearm in these locations can result in weapon charges.
• Unlawful Possession of a Firearm by a Felon: In Texas, it’s illegal for anyone convicted of a felony to possess a firearm before the fifth anniversary of their release from confinement, parole, or probation. After this period, the law only permits them to possess a firearm at the premises where they live. However, under federal law, felons are prohibited from possessing a firearm.
• Unlawfully Brandishing a Weapon: Displaying a weapon in an intentionally alarming manner in a public place is considered unlawfully brandishing a weapon. This act is often treated as a threat or an act of intimidation, which can lead to serious gun crime charges.
• Illegal Sale of a Weapon: This offense involves selling a firearm to a person who is legally prohibited from owning one, such as a convicted felon, or selling one without proper background checks or documentation. Such transactions are serious weapons offenses under Texas law.

You could face severe penalties if you have been charged with any of these crimes.

Penalties for Dallas Weapons Offenses

Texas gun penalties or those for a firearm-related conviction can be severe and vary based on the specific nature of the offense and your criminal history. Understanding the potential consequences of a gun-related conviction is important for anyone who owns or uses firearms in Texas.

The most common classifications of gun crimes in Texas are:

• Class C misdemeanor – Punishable by a fine up to $500.
• Class A misdemeanor – Punishable by up to one year in a county jail and a fine up to $4,000.
• State jail felony – A jail sentence between 180 days and up to two years.
• Third-degree felony – Imprisonment of two to ten years in the Texas Department of Criminal Justice.
• Second-degree felony – A minimum term of five years and a maximum of 20 years in the Texas Department of Criminal Justice.

Here is a list of other possible penalties:

Take the first step to avoid these harsh penalties by contacting our law office for a free case review.

Common Defense Strategies to Texas Gun Charges

If you face gun or firearm charges in Texas, a strong defense strategy is essential. Each situation is unique. A skilled attorney can evaluate the specifics of your case to determine the right strategy. Here are some potential gun possession defense strategies in Texas:

• Challenging Evidence: This involves questioning the validity, accuracy, or legality of the evidence against you. For example, if police obtained the evidence through an illegal search, we could argue it should be suppressed.
• Second Amendment Arguments: This strategy focuses on your constitutional right to bear arms. In the right circumstances, a Second Amendment defense could be successful. Note that this is a quickly evolving area of the law. The Supreme Court issued a landmark decision in 2022 finding that gun laws must be consistent with the nation’s historical tradition, placing the legality of thousands of gun laws in question.
• Compliance with State and Federal Laws: Showing that your actions complied with both state and federal firearm laws can be a strong defense. This might include proving you had the necessary licenses or were within your rights to carry the firearm.
• Lack of Possession: Arguing that you did not actually possess the firearm in question can be another effective strategy. This could mean proving that you were not aware of the firearm’s presence or that it did not belong to you.

Contact an Experienced Criminal Defense Attorney

If you’re facing gun or firearm charges in Texas, don’t wait to seek help. Contact Broden & Mickelsen, LLP today for a free consultation with a Dallas gun charges attorney. Our team is ready to listen to your story, understand your situation, help you navigate the legal process, and offer guidance on the best way forward.

Frequently Asked Questions About Dallas Gun Charges:

Can a Dallas gun charge become a federal case?

Under certain circumstances, weapons charges can be escalated to a federal level. A federal conviction can have harsher penalties, so it’s crucial to contact our federal criminal defense attorneys as soon as possible if that happens.

What happens if police find a gun during a traffic stop?

The police may disarm you for their safety and then determine whether you’re legally carrying. However, there are procedures they must follow for a lawful search and seizure. Contact us if you believe your rights may have been violated.

Can I lose my right to own a firearm after a conviction?

Most people convicted of either a felony or a domestic violence offense in Texas lose their right to own firearms for at least five years. Our team can help you work to restore your gun rights when the time is right.

*Past results are no guarantee of future results. Individual case factors can vary.