Weapon possession during a crime is a serious offense in Texas. Here’s what you need to know about possession of a weapon during the commission of a criminal offense.
Possession of a Weapon During the Commission of a Criminal Offense
Possession of a weapon during the commission of a criminal offense refers to situations where someone commits a criminal act and has or uses a weapon in connection with that crime. Texas law recognizes that the presence of a weapon significantly increases risk to public safety, law enforcement, bystanders, and victims.
Weapon possession during a crime is more serious than unlawful weapon possession because courts treat weapon possession during another criminal offence as an aggravating factor. Having a weapon during a crime can elevate a charge, use the chance of plea bargains, make you ineligible for deferred adjudication, and trigger harsher penalties.
Legal Elements to Know
As a defendant, you must know of the weapon’s presence and intend to possess or use it during the crime. The prosecution must generally prove an underlying criminal offense, possession or use of a weapon, the connection between the weapon and the crime, and your knowledge or intent.
Penalties for Weapon Possession During a Crime
Penalties for possession of a weapon during the commission of a criminal offense can vary depending on several factors, including:
- The underlying offense severity
- Whether the weapon was used or just possessed
- Whether the defendant is a prohibited person
- Where the offense took place
Offenses involving weapons during the commission of other crimes can upgrade what might otherwise be a misdemeanor into a felony. Felony punishments can range from two to 10 years for a third-degree felony and up to 20 years or more for severe cases. Consult a criminal defense attorney for more information.
Defense and Mitigation Strategies
There are defenses and mitigating strategies that skilled criminal defense attorneys like Philip D. Ray can use even when you’re charged with possession of a weapon during a criminal offense.
- Lack of knowledge or intent
- Constructive possession disputes
- Unlawful search and seizure
- Statutory technicalities
- Plea negotiation or reduction
Even if the facts are strong, an experienced attorney can often negotiate for reduced charges or penalties, especially when the weapon was not used or no one was harmed. Schedule a free consultation with Philip D Ray today to discuss your case.
Benefits of Hiring a Criminal Defense Attorney for Weapons Charges
Facing a charge of possession of a weapon during the commission of a criminal offense is serious, and the penalties are steep. The burden of proof is complex; however, the legal risks remain high. Having an experienced criminal defense lawyer helps ensure all legal defenses are evaluated, from constitutional issues to statute interpretations.
Attorneys can challenge evidence and explore sentencing options or plea bargains to ensure your rights are protected at every stage. The Law Office of Philip D Ray specializes in defending clients against weapons charges in Texas with an approach that combines real case analysis, aggressive advocacy, and a profound understanding of the state’s weapons laws.
What to Do Next
If you or someone you know is charged with or under investigation for possession of a weapon during the commission of a criminal offense, understand that early intervention often leads to better outcomes.
Reach out for the legal guidance and support you need. Criminal defense attorneys at the Law Office of Philip D Ray will review the facts, examine all possible defenses, and build the strongest possible result in your case.