Houston Gun Crime Attorney

Gun Crime Attorney in Houston, TX

Gun crime charges in Houston carry severe penalties including mandatory prison sentences, lifetime firearm prohibitions, and permanent felony records affecting employment and civil rights. Cory Roth Law Office provides aggressive defense against all weapons charges throughout Harris County—from unlawful carrying to federal firearms violations—protecting your Second Amendment rights and freedom.

Understanding Gun Crime Charges in Texas

Texas has some of the most permissive gun laws in the nation, but that doesn’t mean firearms offenses are treated lightly. The state aggressively prosecutes violations of remaining restrictions, and federal prosecutors pursue weapons charges with mandatory minimum sentences that remove judicial discretion. Understanding Texas and federal firearms laws is essential for anyone facing gun-related charges.

Under the Texas Penal Code Chapter 46, various weapons offenses remain criminal despite Texas’s constitutional carry law. Prohibited persons cannot possess firearms at all. Certain locations remain gun-free zones. And specific conduct with weapons—even legal ones—can constitute serious criminal offenses.

At Cory Roth Law Office, we understand that gun charges often arise from misunderstandings of complex laws, honest mistakes, or circumstances where our clients were exercising legitimate rights. Attorney Cory Roth examines every case thoroughly, challenging evidence, asserting constitutional protections, and fighting for the best possible outcome.

Types of Gun Crime Charges We Defend

Unlawful Carrying of a Weapon

Unlawful carrying of a weapon charges apply when someone carries a firearm in prohibited circumstances—while intoxicated, in prohibited locations like schools or courthouses, or while engaged in criminal activity. Despite Texas’s permitless carry law, these restrictions remain strictly enforced with Class A misdemeanor to felony penalties.

We defend unlawful carrying charges by examining whether the prohibited circumstance actually applied, whether police had lawful grounds to discover the weapon, and whether constitutional carry protections were violated. Many arrests result from officers misunderstanding current firearms laws or conducting unlawful searches.

Unlawful Possession of a Firearm

Unlawful possession of a firearm charges target individuals prohibited from having guns under Texas law. This includes convicted felons within five years of release from confinement or supervision, those with certain family violence convictions, and individuals under protective orders. Violations are third-degree felonies carrying 2-10 years imprisonment.

Defense strategies include challenging whether the defendant actually possessed the firearm, whether prior convictions truly prohibited possession, and whether rights have been restored. Texas law allows some felons to possess firearms at home after five years, creating complex legal questions we analyze carefully.

Felon in Possession of a Firearm

Felon in possession of a firearm is prosecuted under both Texas and federal law. While Texas allows home possession after five years for some felons, federal law under 18 U.S.C. Section 922(g) prohibits all felons from possessing firearms or ammunition permanently—regardless of state law provisions.

Federal felon-in-possession charges carry up to 10 years imprisonment, with enhanced penalties under the Armed Career Criminal Act for those with three prior violent felony or serious drug convictions. We defend these serious charges by challenging the search that discovered the firearm, questioning possession elements, and exploring post-conviction relief that may restore rights.

Possession of Prohibited Weapons

Possession of prohibited weapons charges apply to weapons banned outright under Texas law, including explosive weapons, machine guns (without federal registration), short-barrel firearms, silencers (without federal registration), armor-piercing ammunition, zip guns, and chemical dispensing devices. These are third-degree felonies with significant prison exposure.

Defenses include challenging whether items actually meet prohibited weapon definitions, demonstrating proper federal registration for regulated items, and questioning how evidence was obtained. Some weapons that appear prohibited may actually be legal with proper federal documentation.

Aggravated Assault With a Deadly Weapon

Aggravated assault with a deadly weapon is a second-degree felony carrying 2-20 years imprisonment. When the weapon is a firearm and the victim is a family member, public servant, or certain other protected persons, charges elevate to first-degree felony status with 5-99 years or life imprisonment.

Our aggravated assault defense attorneys challenge these charges by asserting self-defense under Texas Penal Code Chapter 9, questioning whether the weapon was actually used in an assaultive manner, and examining whether the alleged victim’s conduct justified defensive force.

Weapons in Prohibited Places

Weapons in prohibited places charges arise from carrying firearms into locations that remain gun-free despite constitutional carry. These include schools, polling places, courts, racetracks, secured airport areas, correctional facilities, and businesses that properly post 30.05 or 30.07 notices. Penalties range from Class C misdemeanors to third-degree felonies depending on location.

We defend these charges by examining whether proper notice was given, whether the location actually qualifies as prohibited, and whether the defendant had knowledge of the prohibition. Many prohibited place charges result from confusing signage requirements or misunderstandings about what locations are actually restricted.

Illegal Discharge of a Firearm

Illegal discharge of a firearm under Texas Penal Code Section 42.12 is a Class A misdemeanor when someone recklessly discharges a firearm inside city limits, on public roads, or toward buildings, vehicles, or people. Discharges causing injury can trigger felony assault or even manslaughter charges.

Defenses include challenging whether discharge was truly reckless versus negligent, demonstrating self-defense justification, or establishing the discharge occurred in a location where firing was permitted. We examine all circumstances to build the strongest possible defense.

Illegal Sale or Transfer of Firearms

Illegal sale of firearms charges apply to transferring weapons to prohibited persons, selling without required licenses, or straw purchases where someone buys firearms for those who cannot legally purchase them. Federal prosecution is common for illegal firearms trafficking, with sentences up to 10 years and enhanced penalties for organized trafficking operations.

Federal Firearms Charges

Federal firearms charges are prosecuted in federal court with generally harsher sentences than state prosecutions. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigates federal weapons violations, which include felon-in-possession, illegal trafficking, using firearms during drug trafficking or violent crimes, possessing unregistered NFA weapons, and making false statements on federal firearms forms.

Federal sentences often include mandatory minimums that judges cannot reduce. Using or carrying a firearm during a drug trafficking crime triggers 5-year consecutive minimums for first offenses, 25 years for second offenses. We defend federal firearms cases using specialized knowledge of federal court procedures, sentencing guidelines, and constitutional protections.

Related Criminal Charges

Gun charges frequently accompany other criminal allegations, creating complex situations requiring comprehensive defense strategies addressing all charges simultaneously.

Drug crimes and gun charges often coincide, with firearm possession during drug offenses triggering severe federal enhancements. Drug trafficking combined with firearms can result in mandatory consecutive sentences adding decades to potential imprisonment.

Domestic violence charges create lifetime federal firearm prohibitions even for misdemeanor convictions. Robbery involving firearms faces enhanced penalties as aggravated robbery, a first-degree felony.

Assault charges involving firearms become aggravated offenses with dramatically increased penalties. Homicide charges often involve firearms, requiring defense strategies that address both the underlying charge and weapons issues. Theft charges involving stolen firearms carry enhanced penalties.

Consequences of Gun Crime Convictions

Gun crime convictions trigger consequences extending far beyond immediate imprisonment. Understanding these ramifications emphasizes why fighting charges aggressively serves long-term interests.

Prison Sentences

Texas gun crimes range from Class A misdemeanors with one year maximum to first-degree felonies with potential life sentences. Federal firearms convictions carry mandatory minimums that cannot be reduced—5 years for using a firearm during drug trafficking, 7 years for brandishing, 10 years for discharge, with 25-year minimums for subsequent offenses. These consecutive sentences can result in decades of imprisonment.

Permanent Firearm Prohibition

Federal law prohibits firearm possession by anyone convicted of a crime punishable by more than one year imprisonment—essentially all felonies. This prohibition is permanent under federal law regardless of whether Texas might eventually restore state rights. The ATF prohibited persons categories also include domestic violence misdemeanants, those under certain protective orders, and other specific categories.

Employment and Professional Consequences

Gun crime convictions appear on criminal background checks, affecting employment in numerous fields. Law enforcement, security, military, and positions requiring security clearances become unavailable. Professional licenses in healthcare, law, finance, and other fields may be revoked or denied. Even jobs without licensing requirements often exclude applicants with weapons convictions.

Civil Rights Impact

Felony convictions result in loss of voting rights during incarceration and supervision in Texas, though rights restore upon completion. More significantly, Second Amendment rights are permanently restricted under federal law. Serving on juries, holding public office, and other civic rights may be affected by felony gun convictions.

Gun Crime Defense Strategies

Effective gun crime defense requires thorough analysis of how evidence was obtained, whether statutory elements can be proven, and whether constitutional protections apply. Cory Roth Law Office develops comprehensive strategies tailored to each client’s circumstances.

Fourth Amendment Challenges

Many gun arrests result from searches that violate Fourth Amendment protections against unreasonable search and seizure. If police lacked probable cause, obtained warrants through false information, exceeded consent scope, or conducted unlawful Terry stops, evidence may be suppressed. Without the gun itself, prosecutors cannot proceed with weapons charges.

Second Amendment Defenses

Following the Supreme Court’s decisions in District of Columbia v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Association v. Bruen, Second Amendment challenges to firearms restrictions have gained traction. We analyze whether charges involve laws that may be unconstitutional under current Second Amendment jurisprudence and pursue appropriate challenges.

Self-Defense and Justification

Texas law strongly protects self-defense rights, including the use of deadly force when reasonably necessary to prevent death, serious bodily injury, or certain violent crimes. Castle Doctrine provides additional protections for defending home, vehicle, and workplace. We present self-defense evidence effectively when clients used firearms to protect themselves or others.

Challenging Possession

Prosecutors must prove you actually possessed the firearm—either physically or constructively through knowledge and control. Guns found in shared spaces, vehicles with multiple occupants, or areas accessible to others may not be attributable to you. We investigate who actually possessed or controlled firearms you’re accused of possessing.

Challenging Prohibited Person Status

Some defendants charged as prohibited persons may actually have restored rights or convictions that don’t trigger prohibitions. We examine prior convictions carefully, analyzing whether they truly prohibit possession under current law and whether any expunctions, pardons, or rights restorations apply.

The Houston Gun Crime Court Process

Gun crimes may be prosecuted in Texas state courts, federal court, or both depending on circumstances. Understanding these different systems helps you prepare for what lies ahead.

State Court Process

State weapons charges proceed through Harris County courts. Misdemeanors are handled by County Criminal Courts, while felonies go to District Courts. Following arrest and bond, felony cases require grand jury indictment. Pretrial proceedings involve discovery, motion practice, and negotiations that may result in dismissals, reduced charges, or favorable plea agreements.

Federal Court Process

Federal firearms charges are prosecuted in the United States District Court for the Southern District of Texas. Federal prosecution involves different rules, more aggressive sentencing through the Federal Sentencing Guidelines, and mandatory minimums that cannot be negotiated away. Federal bond is more difficult to obtain, and sentences must be served at 85% minimum before release eligibility.

Contact Cory Roth Law Office Today

Gun crime charges threaten your freedom, your Second Amendment rights, and your future. Whether you’re facing state misdemeanor charges or federal firearms felonies with mandatory minimums, you need experienced legal representation that understands both Texas and federal firearms law.

Attorney Cory Roth has dedicated his career to defending Houstonians against criminal charges, including all types of weapons offenses. He understands the constitutional issues that frequently determine gun case outcomes, the differences between state and federal prosecution, and the defense strategies that protect clients facing these serious charges.

Don’t face gun charges alone. Don’t let mandatory minimums define your future without a fight. Don’t assume Texas’s permissive gun laws mean you’re unprotected. Contact Cory Roth Law Office today for a confidential consultation about your case. We’ll review the circumstances, analyze potential constitutional violations, explain your options, and develop a defense strategy tailored to your specific situation.

Your defense starts with one phone call. Contact Cory Roth Law Office today.