Facing a gun charge in Amarillo, Texas can be overwhelming and life-changing. Texas gun laws are complex, and depending on the circumstances, a conviction could lead to hefty fines, jail time, and a permanent criminal record. However, being charged with a gun crime does not mean you are automatically guilty. There are several legal defenses that can help you fight the charges, reduce penalties, or even get your case dismissed.
At The Law Office of Dennis R. Boren, we have years of experience defending clients accused of gun-related offenses in Amarillo and throughout Texas. If you or a loved one is facing unlawful firearm possession, carrying without a permit, or another gun-related charge, this guide will explain your legal options and how to fight back.
Understanding Gun Charges in Amarillo, Texas
Texas is known for its pro-gun laws, but that doesn’t mean firearm-related offenses aren’t taken seriously. Common gun charges in Texas include:
Unlawful Carrying of a Weapon (UCW) – Carrying a firearm without a valid license or in a prohibited area (Texas Penal Code §46.02).
Felon in Possession of a Firearm – Convicted felons cannot legally own or carry a gun under federal and state law (Texas Penal Code §46.04).
Carrying a Weapon While Committing Another Crime – Possessing a firearm while engaging in a drug offense, robbery, or assault can increase penalties.
Unlawful Discharge of a Firearm – Firing a gun in a public place or within city limits without justification (Texas Penal Code §42.12)
Legal Defenses Against Gun Charges in Amarillo
At The Law Office of Dennis R. Boren, we analyze every aspect of your case to determine the best defense strategy. Here are some of the most effective legal defenses against gun charges in Amarillo, Texas:
1. Illegal Search and Seizure (Fourth Amendment Violation)
One of the most common defenses against a gun charge is challenging how the evidence was obtained. If police officers searched your home, vehicle, or person without a warrant or probable cause, the firearm evidence may be inadmissible in court.
Example: If a police officer searched your car without permission or a warrant and found a firearm, your attorney may be able to get the gun evidence thrown out, which could lead to your case being dismissed.
2. Lack of Possession or Knowledge of the Firearm
To convict you of a gun possession charge, the prosecution must prove you knew the firearm was there and had control over it. If the gun was found in a shared vehicle or home, your lawyer can argue that it did not belong to you and you had no knowledge of its presence.
Example: If police find a gun under the passenger seat of a car you were riding in, the prosecution must prove it was yours. Your attorney can argue that you had no knowledge of the firearm’s presence, creating doubt in the case.
3. Lawful Possession & Constitutional Rights
Texas has some of the most gun-friendly laws in the country, and you may have been legally carrying the firearm. If you had the right to own and carry the gun, your lawyer can argue that your arrest was a misunderstanding or a case of over-policing.
Example: If you were legally carrying a firearm but were arrested for unlawful carry, your attorney can provide evidence that you had a valid Texas License to Carry (LTC) and that the arrest was wrongful.
4. Self-Defense or Defense of Others
If you used a firearm in self-defense, you may be protected under Texas’ self-defense laws (Texas Penal Code §9.31). Texas also has a Stand Your Ground and Castle Doctrine law, which allows individuals to use deadly force if they reasonably believe their life is in danger.
Example: If you discharged your firearm during a home invasion or to protect yourself from an attacker, your lawyer can argue self-defense as a justification.
5. Faulty or Unreliable Evidence
In some cases, gun crime charges rely on weak or unreliable evidence. Your attorney can challenge:
- Inconsistent police reports
- Lack of proper forensic testing
- Eyewitness misidentification
Example: If the prosecution relies on unclear surveillance footage to accuse you of unlawful possession, your lawyer can argue that the evidence is too weak to support a conviction.
6. Prosecutorial Misconduct or Police Mistakes
If there were errors in your arrest, investigation, or prosecution, your attorney could use those mistakes to challenge the charges.
Example: If the police failed to read you your Miranda rights or the prosecutor withheld evidence, your case may be eligible for dismissal due to misconduct.
What to Do If You’re Facing a Gun Charge in Amarillo
If you are arrested for a firearm-related crime in Amarillo, take the following steps to protect your rights:
- Remain Silent – Do not discuss the case with police. Anything you say can be used against you.
- Do Not Consent to a Search – If law enforcement asks to search your home or car, say: “I do not consent to a search.”
- Call an Experienced Amarillo Gun Crime Attorney – The sooner you get legal representation, the stronger your defense will be.
Why Choose The Law Office of Dennis R. Boren?
At The Law Office of Dennis R. Boren, we have successfully defended clients against gun charges, drug crimes, and felony offenses in Amarillo and throughout Texas.
✔ Criminal defense experience
✔ Aggressive defense strategies to fight your gun charges
✔ Personalized legal representation tailored to your case
If you or someone you know needs legal assistance in such cases, The Law Office of Dennis R. Boren offers experienced guidance and support. Protecting your rights and navigating the complexities of these cases is critical. For professional legal advice and a free consultation, call (806) 206-8180 or (806) 808-0689 or email db*******@gm***.com today.