Weapon Possession

Weapons Possession Defense Attorney in Pearland, TX

When facing weapons charges, it’s best to rely on an attorney who can navigate the complex legal landscape with skill and tenacity. At the Law Office of John C. Caldwell, our Pearland weapons possession lawyer brings a wealth of experience and a commitment to protecting your rights and interests. Our team understands that a weapons charge can have severe consequences for your future, and we are dedicated to providing you with a robust legal defense. 

Don't hesitate to reach out to us at (361) 348-8483 or fill out our online form to schedule a free consultation.

Common Weapons Charges in Texas

The law is often nuanced, and filled with gray areas. To keep it simple, let’s start with the basics—in the state of Texas, you can fire a gun when you’re hunting, at a gun range, or in the act of self-defense. Anything beyond this is legally problematic. 

Some of the most common weapon charges we defend include:

  • Illegal possession: Those convicted of a felony in the last five years or those subject to restraining orders are usually prohibited from owning firearms. These charges can also apply to those under the influence of alcohol or drugs while in possession of a weapon.
  • Reckless discharge: Firing a weapon in an inappropriate area can result in criminal charges. This includes firing a gun over a road, street, highway, or within a neighborhood.
  • Unlawful sale: Selling a weapon to a minor, a person with a felony conviction, or someone with a restraining order is illegal. 
  • Assault with a weapon: Assault charges can be escalated if a weapon is involved. 

Penalties Associated With Weapons Possession

The consequences of a weapons-related conviction can vary significantly, influenced by factors such as the severity of the allegation and the individual's prior criminal history. The spectrum of these penalties is broad, encompassing minor fines for Class C misdemeanors at one extreme, to life imprisonment for first-degree felonies on the other. 

However, it's crucial to understand that the repercussions of a conviction extend beyond immediate legal sanctions. The long-term implications can include difficulties in securing housing or employment, due to a tarnished criminal record.

Even relatively minor offenses can result in significant restrictions. Conviction of even a Class B misdemeanor can prevent you from legally owning a handgun. More severe felony weapons charges carry even more stringent restrictions, barring the convicted individual from ever possessing a firearm outside their home. 

Nor is Texas state law the sole determinant of potential charges and penalties. Depending on the specifics of the case, federal charges may also come into play. When this occurs, a defendant could find themselves facing prosecution from both state and federal authorities, necessitating defense in two separate trials.

  • “If you need an attorney hire Clay. You won’t be disappointed.”
    “It was obvious to me that Clay is very experienced, respected by his peers and he puts forth his best effort every time.”
    - Amy N.
  • “You'd rather be safe than sorry; just remember, "You Better Call Clay."”
    “I wouldn't hesitate to use Clay for all of your legal needs, from probate to prosecution, this office takes great care of their clients.”
    - Mandy K.
  • “If you need an attorney, please give him a call!”
    “Mr Caldwell is a great lawyer. He took the time to explain to me what I should expect in the situation I was in. He called me when necessary to update me with court updates.”
    - Regis N.
  • “Very knowledgeable and professional.”
    “Extremely easy process. His office staff is also over the top and was always prompt and “in the know” of our case when we would call.”
    - Tray M.
  • “He takes the time to answer all your questions and does not make you feel rushed.”
    “If you are looking for someone who will fight for you and will get you the best outcome I highly recommend contacting Clay.”
    - Kimberly G.
  • “I cannot recommend this office enough.”
    “They are incredibly kind and transparent. There was no step of the process that I was not consulted with or involved in in some way, and they answered any question that I had in a coherent and friendly manner.”
    - Trent L.

How We Defend Weapon Charges

Every case has its own dynamic and its own set of facts, so the final decision on defense strategy can only come after our Pearland weapons possession defense lawyer has reviewed everything. However, there are some general approaches that are common.

In cases of reckless discharge of a firearm, the defense might contest the prosecution's assertion that the act was indeed reckless. It's important to remember that the burden of proof lies with the prosecution--they must conclusively establish the defendant's guilt. The defendant, on the other hand, isn't required to prove their innocence. 

For charges of assault involving a weapon, one possible defense could be a misunderstanding. Since assault can involve mere words or gestures, actions involving a gun that were intended to be harmless or made in jest could be misinterpreted. If this is the defense's argument, the onus is on the prosecution to prove otherwise—and they must do so beyond a reasonable doubt.

As noted above, self-defense is a valid basis for using a weapon. If you or the person you love acted to protect yourself or someone else, we can use that as a basis for challenging the prosecution and calling for acquittal. 

Call Clay Today

Attorney John “Clay” Caldwell has spent his legal career in the Brazoria County system. He knows the judges and the people at the District Attorney’s office. He’s been on the other side of the aisle as a prosecutor. He can leverage that experience and knowledge to try and gain an edge in the fight for your freedom and your reputation. 

Call the Law Office of John C. Caldwell at (361) 348-8483 today.

Areas We Serve Proudly Serving Southeast Texas
  • Alvin
  • Brazoria County
  • Clear Lake City
  • Friendswood
  • Galveston County
  • Harris County
  • Houston
  • League City
  • Manvel
  • Pasadena
  • Pearland
  • Webster

Start With A Free Consultation

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • Integrity
    We prioritize honesty, transparency, and trust in all our interactions.
  • Advocacy
    We passionately champion our clients' rights and interests at every stage of their legal journey.
  • Success
    We're committed to achieving meaningful outcomes for our clients.
  • Compassion
    We treat our clients with dignity, respect, and understanding, no matter the situation.
  • Experience
    With background as former felony prosecutor, we bring unique insight into the legal system, offering strategic representation for our clients.
  • Free Consultations
    Talk through all of your legal options during a free consultation.