Dallas Attorney for Unlawfully Carrying a Weapon

If you’ve been arrested, and alleged to have unlawfully possessed a handgun, club, or illegal knife, you will likely face charges for unlawfully carrying a weapon (also known as UCW) In Texas, unlawfully carrying a weapon is a Class A misdemeanor, which is punishable by up to one year in the county jail, and up to a $4000 fine. If it’s alleged that you were in possession of the weapon in a location that is license by the State of Texas to sell alcoholic beverages, the offense is enhanced to a third degree felony. For this type of offense, the penalty range is between 2 and 10 years in state prison, and up to a $10,000 fine. Texas law does provide what is commonly referred to as the traveling defense. More specifically, if you’re arrested in a vehicle for unlawfully carrying a weapon (UCW), you are presumed to be “traveling.” This presumption can only be rebutted if you are charged with another crime more serious than a Class C misdemeanor (such as a traffic ticket), or if it’s proven that you possessed the weapon pursuant to some other criminal purpose (e.g., you’re a felon, alleged to unlawfully possess a firearm). The legal effect of this “presumption” is that it effectively provides you with a defense from prosecution, even if you don’t have a concealed handgun license (CHL). However, even though your lawyer may win your case at trial, based solely upon this presumption, it’s still possible that you may be arrested and charged with UCW by the police. Nevertheless, in many cases, this presumption can result in a dismissal prior to trial, or an acquittal, should a trial occur.