Dallas Weapons Charges Lawyer

  • 35+

    Years Defending Texans

  • 1000+

    Cases Dismissed

  • 6000+

    Criminal Cases Handled

  • 16+

    Counties Served Across Texas

Available | Serving All of Texas

Being arrested for a firearm or weapon offense starts with one decision by a police officer that can change your life. A traffic stop, a search, or a report from another person may quickly lead to criminal charges.

A Dallas Weapons Charges Lawyer protects your rights by challenging the evidence, examining how police obtained that evidence, and building a defense based on the facts and Texas law. A weapons charge does not automatically lead to a conviction, but every decision you make after an arrest matters.

Texas recognizes different weapon-related offenses. Some involve firearms. Others involve prohibited weapons, unlawful carrying allegations, or claims that a convicted felon possessed a firearm. Each offense carries different penalties, legal elements, and defense strategies.

A conviction may affect your freedom, employment, professional licensing, firearm rights, and future opportunities. The earlier a defense begins, the more opportunities exist to review police conduct, preserve evidence, and identify weaknesses in the State’s case.

Our office represents people facing weapons charges throughout Dallas County and surrounding North Texas courts. If you were arrested in Dallas, Irving, Garland, Mesquite, Richardson, or close communities, call 972-233-5700 or contact us online to speak with Richard McConathy about your Dallas County weapons charge.

Your call is confidential, and we are available 24/7.

Why Choose Our Firm for Your Dallas Weapons Charges Case?

At the Law Offices of Richard C. McConathy, you work directly with attorney Richard C. McConathy. Our office has secured more than 1,000 dismissals across more than 6,000 criminal cases in North Texas.

Weapons charges involve constitutional issues, firearm laws, forensic evidence, and police procedures. We begin reviewing those issues immediately so we can identify opportunities to challenge the prosecution’s evidence as early as possible.

Whether your case involves unlawful carrying of a weapon, a felon in possession allegation, or another firearm offense, our goal is the same. We build a defense based on the facts, the evidence, and Texas law.

Direct Access to Richard C. McConathy

Richard C. McConathy remains actively involved throughout your case. You have the opportunity to discuss your charges, ask questions about court proceedings, and receive updates directly from the attorney handling your defense.

35 Years Defending Texans

Richard C. McConathy has represented Texans accused of criminal offenses for over 35 years. During that time, he has defended clients facing misdemeanor and felony charges in courts throughout North Texas, including Dallas County.

That experience includes:

  • Firearm Offenses: Unlawful carrying, prohibited weapons, and firearm possession allegations.
  • Felony Weapons Charges: Cases involving prior felony convictions and firearm restrictions.
  • Weapons Charges Connected to Other Crimes: Drug offenses, assault allegations, and other felony prosecutions involving firearms.
  • State and Federal Investigations: Representation during investigations that involve firearm-related offenses.

Every weapons case presents different legal issues. Our approach focuses on the facts of your case instead of relying on a one-size-fits-all strategy.

Familiarity With Dallas County Criminal Courts

Weapons cases filed in Dallas County move through the Frank Crowley Courts Building, where local procedures, prosecutors, and scheduling practices shape the progress of every case.

Our office regularly represents clients whose cases proceed through Dallas County’s criminal justice system. Familiarity with local court procedures allows us to prepare efficiently while addressing issues that often arise in Dallas weapon prosecutions.

Speak With A Dallas Weapons Charges Lawyer Today

Every conversation with law enforcement and every court appearance carries consequences. Speaking with Richard C. McConathy early allows you to receive answers tailored to your case instead of relying on general information online.

Call (972) 233-5700 today to speak with our office, or complete our online contact form to begin discussing your defense with Richard C. McConathy.

What Charges Does a Dallas Weapons Charges Lawyer Handle?

A Dallas Weapons Charges Lawyer handles firearm offenses, prohibited weapon allegations, unlawful carrying cases, and other criminal charges involving weapons under Texas law.

The exact charge depends upon the type of weapon, where it was found, and the surrounding circumstances.

Weapons ChargeWhat Prosecutors Must Generally Prove
Unlawful Carrying of a WeaponThe accused knowingly carried a handgun or prohibited weapon under circumstances prohibited by Texas law.
Felon in Possession of a FirearmA person previously convicted of a felony possessed a firearm in violation of Texas law.

Other allegations frequently include prohibited weapons and firearm possession connected to another alleged offense.

Firearm Offenses

Firearm offenses include several different criminal allegations under Texas law. Prosecutors must prove every required legal element before obtaining a conviction.

Examples include:

  • Felon In Possession: Prosecutors allege a convicted felon unlawfully possessed a firearm.
  • Unlawful Carrying: Police allege someone carried a weapon where Texas law prohibited possession.
  • Unlawful Transfer: Prosecutors claim a firearm was transferred illegally under state law.
  • Possession During Another Crime: Firearm allegations sometimes accompany drug or violent crime charges.

Prohibited Weapons

Texas law prohibits possession of certain weapons unless a statutory exception applies.

These allegations may involve:

  • Short-Barrel Firearms: Firearms altered below legal barrel length.
  • Explosive Weapons: Devices capable of causing injury through explosion.
  • Armor-Piercing Ammunition: Ammunition prohibited under certain circumstances.
  • Improvised Explosive Devices: Homemade explosive devices that violate Texas law.

Weapons Charges After Traffic Stops

Traffic stops frequently lead to weapon charges. Officers discover firearms during consent searches, inventory searches, or probable cause searches.

Whether officers followed constitutional search requirements often becomes a major issue in these cases.

Weapons Charges Connected to Other Offenses

Weapons charges often appear alongside allegations involving drugs, assault, family violence, or robbery.

When multiple charges exist, every decision in one case may affect the others. Building a coordinated defense helps avoid unintended consequences across related criminal allegations.

How Does Texas Law Define Weapons Offenses?

Texas defines weapons offenses through several different criminal statutes. Each offense requires prosecutors to prove specific legal elements beyond a reasonable doubt before obtaining a conviction.

Several statutes frequently appear in Dallas weapon prosecutions:

  • Unlawful Carrying of Weapons: Texas Penal Code §46.02 addresses unlawful carrying offenses.
  • Unlawful Possession by a Felon: Texas Penal Code §46.04 governs firearm possession following felony convictions.
  • Prohibited Weapons: Texas Penal Code §46.05 identifies prohibited weapons and related offenses.
  • Weapons-Free Zones: Additional statutes restrict possession in certain locations, including schools and other protected places.

A defense attorney begins by identifying which statute applies because every charge requires prosecutors to prove different facts.

What Defenses Apply to a Weapons Charge?

A weapons charge does not automatically lead to a conviction because every case depends on the facts, evidence, and whether police followed the law. A defense begins by identifying weaknesses in the prosecution’s evidence instead of assuming the arrest itself proves guilt.

Texas prosecutors carry the burden of proving every element of the offense beyond a reasonable doubt. If they fail to prove one required element, the charge may not result in a conviction.

The most common defenses in Dallas weapons cases include:

  • Illegal Search: Evidence obtained through an unlawful search may become inadmissible in court.
  • Lack of Possession: Prosecutors must prove you knowingly possessed the weapon rather than simply being near it.
  • Ownership Disputes: Another person may own or control the weapon, even if police found it nearby.
  • Knowledge Issues: Some offenses require proof that you knew the weapon existed or understood its prohibited status.
  • Statutory Exceptions: Texas law recognizes exceptions that apply under specific circumstances.

Fourth Amendment Challenges

Many successful defenses begin with the Fourth Amendment to the United States Constitution, which protects people against unreasonable searches and seizures.

If officers searched a vehicle, home, backpack, or person without legal authority, the court may suppress the evidence. Without that evidence, prosecutors may struggle to continue the case.

Constructive Possession Cases

Police often arrest more than one person after finding a firearm inside a vehicle or residence.

Prosecutors must prove the weapon was yours or remained under your control. Mere presence near a firearm does not automatically establish possession.

What Happens After a Dallas Weapons Arrest?

A Dallas weapons arrest starts a criminal court process that includes multiple hearings before trial or resolution. Taking prompt action allows your defense attorney to begin reviewing evidence while memories remain fresh.

Initial Court Appearance

The court advises you of the charge and addresses bond conditions if necessary.

Your attorney begins gathering reports, body camera footage, witness information, and other available evidence.

Discovery Review

Texas law requires prosecutors to disclose much of the evidence they intend to use.

That information often includes:

  • Police Reports: Officers explain why they made the arrest.
  • Body Camera Video: Video frequently shows details missing from written reports.
  • Witness Statements: Witness accounts sometimes support the defense more than expected.
  • Laboratory Reports: Testing may involve firearms, fingerprints, or other forensic evidence.

Reviewing discovery often reveals inconsistencies that deserve additional attention.

Motion Practice

Defense attorneys may file motions asking the court to suppress evidence, dismiss charges, or resolve legal disputes before trial.

Those motions often focus on search procedures, probable cause, identification issues, and constitutional rights.

Resolution or Trial

Some cases resolve through negotiated agreements.

Others proceed to trial because factual disputes remain or constitutional issues deserve judicial review.

Preparing every case thoroughly places the defense in the strongest position regardless of the ultimate outcome.

Why Do Weapons Cases Become More Serious?

Weapons charges become more serious when prosecutors allege aggravating circumstances or additional criminal offenses. Those allegations can increase potential penalties and create additional legal issues that require immediate attention.

Several situations increase the stakes:

  • Prior Felony Convictions: Previous felony convictions often affect firearm possession charges.
  • School or Government Property: Certain locations carry additional restrictions under Texas law.
  • Drug Allegations: Drug charges combined with firearm allegations often increase prosecution efforts.
  • Violent Crime Allegations: Assault, robbery, or homicide allegations frequently include weapon-related charges.
  • Repeat Offenses: Prior criminal history may affect charging decisions and sentencing exposure.

The more serious the allegation becomes, the more important early case preparation becomes.

Ask the Law Offices of Richard C. McConathy

Yes, prosecutors can file firearm charges without recovering the weapon. They rely on witness testimony, photographs, videos, admissions, or other evidence. Your attorney examines whether that evidence satisfies every legal requirement.

A traffic stop often raises constitutional questions about the search itself. Your defense attorney reviews why officers stopped the vehicle, how the search occurred, and whether police acted within constitutional limits.

No. Texas law allows lawful handgun possession in many situations while restricting possession in others. The surrounding facts determine whether police believe a criminal offense occurred.

FAQ for Dallas Weapons Charges Lawyer

Yes. A first offense still carries serious consequences. Early representation allows a defense attorney to preserve evidence, challenge unlawful searches, and begin protecting your rights immediately.

Yes, a weapons conviction may affect employment opportunities, professional licenses, firearm rights, housing applications, and future criminal proceedings depending upon the offense and the outcome.

Not always. Police officers must satisfy constitutional requirements before conducting many vehicle searches. Whether the search complied with the law depends on the specific facts.

Take the Next Step With a Dallas Weapons Charges Lawyer

Speaking with a Dallas Weapons Charges Lawyer early gives you the opportunity to understand the charge, protect your rights, and begin building a defense based on the facts.

Our office represents clients throughout Dallas County and nearby communities, including cases filed near the Frank Crowley Courts Building and other North Texas criminal courts. We provide straightforward answers, explain each stage of the process, and prepare every case with careful attention to the evidence.

Call the Law Offices of Richard C. McConathy today at 972-233-5700 or contact us online to discuss your case.

Principal Dallas Office

Law Offices of Richard C. McConathy

3710 Rawlins St Ste 1408
Dallas, TX 75219

Phone: (972) 233-5700
Toll-Free: 888-283-9394

Hours of Operation

Monday8 a.m. – 5 p.m.
Tuesday8 a.m. – 5 p.m.
Wednesday8 a.m. – 5 p.m.
Thursday8 a.m. – 5 p.m.
Friday8 a.m. – 5 p.m.
SaturdayClosed
SundayClosed

*Meetings at all locations available only by appointment

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