Houston Gun Crime Lawyer
Gun Crime Attorney in Houston, TX
Courts take gun charges seriously in Houston. A gun charge conviction can carry severe penalties without a proper defense. When it comes to Houston gun crimes, it typically takes an experienced and knowledgeable Houston gun crime lawyer to aggressively combat a prosecutor’s case.
Texas gun statutes are complicated. Don’t underestimate the charges against you. Talk to a Houston criminal defense lawyer as soon as you are able to.
Hire a Gun Crime Lawyer Who Understands Texas Gun Crime Laws
Surginer Stewart, PLLC, believes that all defendants deserve a fair chance. We have a combined 30 years of experience in criminal defense across multiple states and two federal jurisdictions.
If you’re facing Houston gun crime charges, we know how uneasy you must feel. We want to help you feel more comfortable while you await a resolution in your case. We do this by keeping you informed and protecting your rights.
Houston Gun Crime Laws
The Texas Penal Code defines a number of gun crimes, both misdemeanors and felonies. Some gun crimes, like Possession of a firearm while intoxicated, are Class A misdemeanors. These are punishable by up to one year in jail and $4,000 in fines.
Although it is legal to carry a firearm throughout much of Texas, there are some restrictions. If you are:
- Under 21 and not in the military
- Intoxicated
- In prohibited places, such as schools, polling locations, or courthouses
- In violation of the HB 1927 permitless carry law
You also cannot sell or give a gun to someone you know is intoxicated, a minor, or someone you know is planning to commit a crime.
Other gun crimes are charged as felonies. Aggravated assault with a deadly weapon is a second-degree felony, which can be elevated to a first-degree felony and can have penalties from 5 to 99 years in prison.
In 2023, 4,561 people were killed by firearms in Texas. While there are only a handful of states with a lower firearm mortality rate, Houston law enforcement takes gun crime seriously. Other felony gun charges occur when:
- A felon is in possession of a firearm.
- An individual possesses a firearm while committing a crime.
- An individual carries a gun in a school zone.
Federal gun crime laws apply if the defendant carries a firearm across state lines. If the defendant is a prohibited person or the offense involves a violent or drug trafficking crime, the penalties can be more severe.
How a Houston Criminal Defense Lawyer Can Help a Gun Crime Case
If you’ve been charged with any of the gun crimes mentioned above, a Houston gun crime attorney can help change the outcome of your charges in most cases. The prosecution relies on evidence to press charges, but the evidence isn’t always enough for a conviction.
If you hire a gun crime lawyer with knowledge of Texas gun crime laws, they can analyze the police report, witness statements, forensic evidence, and physical evidence. This can help:
- Determine if the stop or search was lawful
- Review whether the firearm was in the defendant’s possession
- Evaluate whether the firearm was operable
- Challenge whether the state can prove intent
If your rights were violated during a search or another part of the criminal procedure, the whole case might be put into jeopardy. In these cases, an attorney can work to get your charges dismissed.
In addition, a Houston gun crime lawyer can help preserve evidence in your case. Their job is to challenge unlawful procedures, protect the rights of their client, and negotiate charges and penalties with the prosecutor. This could mean the potential for reduced charges.
Gun crimes are handled by the Harris County District Clerk located at the Harris County Criminal Justice Center, located at 1201 Franklin, Suite 1026, in Houston.
Case Narrative
When we met with our client we learned that he was staring down a sentence of 25 years to life in Harris County, Texas for the charge of Felon in Possession of a Weapon. Normally, this charge means you are looking at 2 to 10 years in prison, but this client was different—he was a “True Habitual Felon” which meant he was looking at 25 years to life in prison. Needless to say, he was devastated by the potential consequences. His prior convictions were real, documented, and serious. The State was prepared to use every one of them to ensure he would likely spend the rest of his life in prison.
From the outset, we knew this case would not be won on hope. The evidence of possession was indisputable—there was no doubt that our client was in possession of a firearm. Additionally, our client’s prior convictions were indisputable, and yet, we still obtained a dismissal on behalf of our client.
We spent countless hours reviewing his record and the State’s evidence. Most of his prior offenses occurred when he was younger. However, in recent years, he had maintained steady employment, reconnected with family, and demonstrated real effort toward maintaining an exemplary lifestyle. The firearm in question, however, was found on his person during what appeared to be a routine encounter with law enforcement. While the law did not excuse his conduct, the circumstances mattered.
In negotiation with the State, we presented a full picture of the case: the reason for the encounter, the circumstances of the search, and whether or not our client’s rights had been violated.
Ultimately, through persistent advocacy and careful negotiation, we were able to avoid the 25-to-life range. In fact, we obtained a dismissal on behalf of our client. What looked like a 25 to life sentence was turned into a dismissal. Our client was happy and relieved. Instead of facing prison time, he was going home.
Cases like this serve as a powerful reminder that even when the law brands someone a “habitual felon,” our responsibility as defense counsel is to demand a complete and balanced evaluation of the State’s case. Regardless of the allegations or our client’s past, we thoroughly review every fact, every legal issue, and every possible avenue to make sure our client’s case is properly handled. Our commitment is to ensure that our clients receive the opportunity to reclaim their freedom—because our ultimate goal is always to pursue a path that leads home, not to a prison cell.
FAQs
Is It Legal to Carry a Gun in Houston?
Yes, it is legal to carry a gun in Houston if you are not otherwise prohibited. Texas allows permitless carrying of guns for individuals over 21 years old. There are some exceptions, however. You cannot just carry a gun anywhere in Houston. Some places are excluded from gun carry laws, such as schools, courthouses, or amusement parks. Additionally, you cannot hold your gun in a way that is threatening to others.
Does Texas Have the Loosest Gun Laws?
Texas gun laws are some of the loosest in the country. Texas has been a constitutional carry state since 2021. This means that Texas has a permitless carry law, so individuals can carry a firearm without a permit. Individuals may carry guns both concealed and in the open. Texas also provides other protections for gun owners. There are some restrictions, which include possessing a firearm while intoxicated.
What Is the New Law in Texas About Guns?
As of 2021, the newest law in Texas about guns is HB 1927. This law allows adults 21 and older to carry handguns without a license or permit. Previously, individuals needed a license to carry, otherwise referred to as an LTC. This doesn’t, however, mean that anyone can carry. They must be eligible to carry and not be otherwise prohibited from doing so. For instance, a felon still has restrictions on firearms in Texas.
Can You Go to Jail for Carrying a Gun in Texas?
Yes, you can go to jail for carrying a gun in Texas. Despite permitless carry laws, certain people are prohibited from carrying in Texas. Individuals prohibited from carrying a gun in Texas include:
- Individuals under 21 years of age
- Felons
- Those convicted of domestic violence
- Individuals who are court-ordered not to carry a gun
You can also go to jail for carrying a gun in a prohibited location, like a school or courthouse.
Connect With an Experienced Houston Gun Crime Attorney
If you are facing gun crime charges, don’t underestimate their severity. Talk to a Houston gun crime attorney to improve your chances of minimizing your charges or penalties. Surginer Stewart, PLLC, is prepared to take your case. Contact our office to schedule an appointment with a member of our legal team.
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