Dallas Gun Crime Lawyer
» Print This PageFacing Gun Charges in Texas? It Could Cost You Years of Your Life and Your Right to Own Firearms Forever.
A gun charge in Dallas puts everything at risk.
Your freedom, your career, your ability to own firearms, and your future all hang in the balance when prosecutors decide to pursue weapons charges against you.
Texas may have some of the most permissive firearm laws in the country, but that does not mean the state goes easy on those accused of weapons crimes.
Prosecutors in Dallas County pursue gun charges aggressively, and convictions carry criminal penalties that can follow you for decades.
A third degree felony conviction for unlawful possession of a firearm means up to ten years in state prison and fines reaching $10,000.
A class A misdemeanor weapons offense can still result in up to one year in county jail.
Federal gun charges carry mandatory minimum sentences that leave judges with little discretion to show leniency.
Many people facing weapons charges in Dallas never intended to break the law.
A convicted felon may not realize that possessing a firearm at their home is still a federal crime even after Texas law allows it.
A traveler rushing to catch a flight may forget about the handgun in their carry-on bag until TSA security scanners detect it.
A routine traffic stop can turn into an arrest when police find a weapon in your vehicle.
These situations happen every day in Dallas, and they all share one thing in common.
Without an experienced criminal defense attorney who understands both Texas law and federal firearm laws, you face the full weight of the prosecution without anyone fighting back on your behalf.
The legal process moves quickly once you face criminal charges for gun crimes.
Prosecutors build their case while you wait, and evidence that could help your defense may disappear.
Time matters when your freedom is on the line.
How Michael Lowe Can Help You Fight Gun Charges in Dallas
Defending against weapons charges requires more than a general understanding of criminal law.
Gun crimes involve overlapping state and federal statutes, constitutional rights under the Second Amendment, and complex questions about possession, intent, and legal exceptions.
Michael Lowe provides strategic defense representation for clients facing the full range of gun crime charges in Dallas and throughout North Texas.
Unlawful Carrying of a Weapon
Texas Penal Code 46.02 makes it a criminal offense to intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club in certain circumstances.
While Texas now allows permitless carry in many situations, specific restrictions still apply.
Carrying a weapon while intoxicated, carrying in prohibited locations, or carrying as a member of a criminal street gang can all result in serious charges.
Michael Lowe examines the specific circumstances of each unlawful carrying case to determine whether the prosecution can actually prove the elements required for conviction.
Unlawful Possession of Firearm by a Convicted Felon
Under Texas Penal Code 46.04, a convicted felon commits a third degree felony by possessing a firearm within five years of their release from confinement or supervision.
After five years, Texas law allows possession only at the premises where the person lives.
Federal law under 18 USC 922 is even more restrictive and permanently prohibits felons from possessing firearms anywhere.
This creates a dangerous situation where following Texas law can still result in federal charges.
Michael Lowe helps clients understand these overlapping restrictions and builds defenses that address both state and federal exposure.
Possession of a Prohibited Weapon
Texas Penal Code 46.05 bans possession, manufacture, transport, repair, or sale of certain weapons including machine guns, explosive weapons, short-barrel firearms, firearm silencers, brass knuckles, and switchblade knives.
Felony charges under this statute can result in two to ten years in state prison.
Even possession of brass knuckles or a switchblade can lead to class A misdemeanor charges with penalties of up to one year in jail.
Michael Lowe reviews the evidence to determine whether the weapon actually falls under prohibited categories and whether constitutional challenges apply.
Deadly Conduct Charges
Texas Penal Code 22.05 defines deadly conduct as recklessly engaging in conduct that places another person in imminent danger of serious bodily injury.
Discharging a firearm at or in the direction of a person, habitation, building, or vehicle constitutes deadly conduct regardless of whether anyone is actually injured.
Deadly conduct involving a firearm is a third degree felony carrying two to ten years in prison.
Michael Lowe investigates the circumstances to determine whether the conduct actually meets the legal definition or whether the charges represent an overreach by prosecutors.
Aggravated Assault with a Deadly Weapon
Using or exhibiting a deadly weapon during an assault elevates the charge from a misdemeanor to a second degree felony.
Aggravated assault with a deadly weapon carries penalties of two to twenty years in state prison and fines up to $10,000.
If the assault causes serious bodily harm to a family member or involves a public servant, penalties increase further.
Michael Lowe builds defenses that challenge the evidence of assault, question whether a weapon was actually used or exhibited, and explore self-defense claims under Texas law.
Federal Gun Charges Under 18 USC 924c
Federal law imposes mandatory minimum sentences when firearms are involved in drug trafficking or violent crimes.
Carrying a firearm during a federal crime adds at least 5 years to any sentence.
Brandishing a firearm adds 7 years.
Discharging a firearm adds 10 years.
Possession of certain weapons like machine guns or firearms with silencers adds 30 years.
These sentences must run consecutively to any other sentence imposed.
Michael Lowe has experience defending clients in federal court against these enhanced charges and understands the strategies that can make a difference in federal weapons cases.
Weapons Found During Other Criminal Investigations
Many gun charges in Dallas arise during investigations into other crimes.
Police find weapons during drug busts, DWI stops, domestic violence calls, and airport security screenings.
When multiple charges combine, the stakes multiply.
Michael Lowe coordinates defense strategies that address all charges together rather than allowing prosecutors to leverage one charge against another.
Why You Need A Former Prosecutor Who Knows How Police and Prosecutors Build Gun Crime Cases Against You
Michael Lowe spent years as a prosecutor before dedicating his practice to criminal defense.
That experience revealed exactly how the government builds gun crime cases, what evidence they prioritize, and where their cases have weaknesses.
This means your defense attorney already understands the playbook prosecutors will use against you and can anticipate their strategies before they unfold.
His Board Certification in Criminal Law by the Texas Board of Legal Specialization since 2007 signals to prosecutors that your case will face scrutiny at the highest level.
Fewer than ten percent of Texas attorneys who practice criminal law hold this certification.
For you, this means prosecutors know that taking your case to trial means facing a defense attorney with demonstrated expertise and a track record of success in complex criminal matters.
Michael Lowe has tried over 150 jury trials defending clients in Dallas County, Tarrant County, and throughout Texas in both state and federal courts.
Trial experience matters because prosecutors evaluate cases based on how they expect trials to go.
When they know your attorney has extensive courtroom experience and a willingness to fight, they approach negotiations differently.
Other attorneys may claim experience with weapons charges but lack the specialized knowledge that gun crime cases demand.
They may not understand how federal firearm laws interact with Texas statutes or how constitutional challenges can undermine the prosecution’s case.
Michael Lowe dedicates one hundred percent of his practice to criminal defense, which means your case receives focused attention from someone who handles these matters every day.
Get the Dallas Gun Crime Attorney You Need to Fight Gun Charges Today
Every day that passes without experienced legal representation is a day prosecutors use to build their case against you.
Evidence can disappear, witnesses can become unavailable, and legal deadlines can pass.
Your freedom and your future depend on taking action now.
Michael Lowe offers free initial consultations to discuss your gun crime charges and explain your legal options.
This consultation is completely confidential and comes with no obligation.
You deserve to understand what you are facing and what can be done about it before making any decisions about your case.
Contact the Law Offices of Michael Lowe today to speak with a Board Certified criminal defense lawyer who has dedicated his career to defending people facing serious criminal charges in Dallas.
Call (214) 526-1900 now.
Do not wait for the prosecution to make the next move.
Frequently Asked Questions About Gun Crimes in Dallas
What is the penalty for unlawful possession of a firearm by a felon in Texas?
Unlawful possession of a firearm by a convicted felon is a third degree felony under Texas Penal Code 46.04. Conviction carries potential penalties of two to ten years in state prison and fines up to $10,000. If you have prior felony convictions beyond state jail felonies, the charge can be elevated to a second degree felony with enhanced penalties of two to twenty years imprisonment.
Can I own a gun in Texas after a felony conviction?
Texas law allows felons to possess firearms at their home after five years have passed since their release from confinement or supervision. However, federal law permanently prohibits felons from possessing firearms anywhere, which means possessing a gun even at home could result in federal charges. Consulting with an experienced criminal defense lawyer before possessing any firearm after a felony conviction is essential to understanding your legal exposure.
What happens if police find a gun in my car during a traffic stop?
The outcome depends on several factors including whether you are legally permitted to possess the firearm, whether it was properly stored, and whether you have any prior convictions or legal restrictions. Texas allows most adults to carry handguns in vehicles without a license, but restrictions apply to convicted felons, those with certain misdemeanor convictions, and members of criminal street gangs. An experienced attorney can evaluate the specific circumstances to determine your legal options.
What is deadly conduct under Texas law?
Deadly conduct under Texas Penal Code 22.05 involves recklessly engaging in conduct that places another person in imminent danger of serious bodily injury. When deadly conduct involves discharging a firearm at or toward a person, vehicle, building, or habitation, the offense becomes a third degree felony carrying two to ten years in prison. This charge does not require anyone to actually suffer harm.
What are prohibited weapons in Texas?
Texas Penal Code 46.05 prohibits possession of explosive weapons, machine guns, short-barrel firearms, firearm silencers, switchblade knives, brass knuckles, armor-piercing ammunition, chemical dispensing devices, zip guns, and tire deflation devices. Possession of most prohibited weapons is a third degree felony. Switchblades and brass knuckles are class A misdemeanors.
Can weapons charges be dismissed?
Weapons charges can be dismissed if the defense demonstrates that the evidence was obtained through an illegal search and seizure, that the defendant did not actually possess the weapon, that the defendant had legal justification for possessing the weapon, or that the prosecution cannot prove the required elements of the offense. An experienced defense attorney can evaluate your case for potential dismissal arguments.
How does a weapons charge affect my right to own guns in the future?
A felony conviction for any offense prohibits firearm possession under federal law permanently and under Texas law for at least five years. Even certain misdemeanor convictions involving domestic violence permanently prohibit firearm possession under both state and federal law. Understanding these consequences before accepting any plea agreement is critical.
Should I talk to police if I am arrested for a gun crime?
You should exercise your right to remain silent and request an attorney immediately. Anything you say to police can be used against you, and explanations that seem helpful often provide prosecutors with additional evidence. Contact a Dallas gun crime attorney as soon as possible after any arrest involving weapons charges.
