Unlawful Carrying of Weapon Laws Texas
This article is intended to assist those that have been charged with unlawful carrying of a weapon in Texas after being issued a ticket. Our experienced criminal defense attorneys are commonly asked if a person can be charged with unlawful carrying of a weapon, if they were legally in possession of the weapon and only issued a ticket? The answer to this question is that it depends on the type of ticket that was issued. This article will outline the types of tickets that can lead to an unlawful carrying of a weapon and what can be done to defend the charge of UCW. If you would like to discuss your particular case with an experienced lawyer after reading this article, feel free to contact our office at 214-321-4105.
Unlawful Carrying of Weapon Law In Texas
The UCW statute in Texas can be found in the Texas Penal Code Section 46.02. The specific language in that statute that is the focus of this article is as follows:
- (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating
This language is important to understand in the context of an unlawful carry charge. The statute very clearly carves out an exception to being charged with unlawful carry if a person is pulled over by a police officer and issued a ticket for speeding, or any other traffic related citation.
Types of Tickets That Could Lead To UCW Charge
UCW Charge
Traffic tickets are considered class “c” misdemeanors in Texas. This means they are a crime. However, in most cases, this type of crime is not going to get a person arrested. Usually the officer will issue the citation and allow the person to go about their business with the understanding that they must contact the court to resolve the citation. However, there are other types of class “c” misdemeanors that are considered more serious in nature than a typical traffic ticket. Some of these violations have been listed below with links to help describe the particular offense.
- Possession of Drug Paraphernalia
- Assault Family Violence
- Public Intoxication
- Open Container
- Theft
- Disorderly Conduct
The charges above are just examples of types of class “c” misdemeanors that are not related to the regulation of traffic or boating. If a class “c” misdemeanor is alleged, then it can give a police officer the probable cause to also charge a person with unlawful carrying of a weapon. In most cases, this type of charge will be filed as a class “a” misdemeanor. This means a person could spend up to a year in jail as a maximum punishment.
Defending UCW Charges In Texas
Firearm Definition Texas
The defense of an alleged crime for unlawful carrying of a weapon in Texas is heavily contingent on the circumstances of the individual case. We highly suggest you talk with an experienced criminal defense lawyer to outline the facts of the case and possible defenses. Depending on the circumstances and the individual’s criminal history the range of results can be as good as a complete dismissal of the charge or as severe as probation or jail time. Take the time to consult an attorney in your area. It could make all the difference. Feel free to contact our criminal defense attorneys today for a consultation regarding your UCW charge. We would be glad to assist.
