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To prove a Lubbock gun charge, the prosecution has to prove that the individual intentionally, knowingly, or recklessly had that gun in their possession. For instance, the prosecution has to prove that the individual unlawfully carried the weapon intentionally, knowingly, or recklessly on their person outside of their own premises.
If you have been charged with a gun crime and are looking for legal representation, it is critical that you consult with an experienced gun defense attorney immediately. A knowledgeable lawyer will be able to help gather all of the necessary elements of a Lubbock gun charge to build an effective defense.
Firearm Arrest Process
Any gun charge can lead to deadly conduct, even if it is unintentional. It is very simple for officers who want to protect themselves to arrest anyone with a gun because they feel that their safety may be at risk.
If a person walks up to an individual they do not know and that person has a weapon, the officers immediately are going to draw down, especially in a nighttime situation or a situation where there is a party or something going on. They are going to arrest that person, regardless of whether that person had the weapon legally, even with a concealed handgun license. This arrest can be challenged by an attorney as an element of a Lubbock gun defense.
Gathering Firearm Evidence
An experienced lawyer focuses on all of the evidence when accumulating the elements of a Lubbock gun defense. This includes the police report and the client’s version of what happened. The lawyer conducts their own investigation. Sometimes, they use a private investigator for their own investigative services and look into both the allegations and the client’s side to try to find out exactly what is going on.
Second Amendment Defense
The use of the second amendment as a defense in a Lubbock gun charge goes to the elements of the crime. Everyone has a right to bear arms. However, they cannot bear those arms recklessly and they cannot intentionally or knowingly violate other parts of the law. Such as carrying it in an institution of higher learning or a courthouse. Therefore, a person cannot violate one law and depend on their constitutional right as a protection.
A functional gun means the firearm has to be operational. It has to be able to discharge a bullet or a projectile. It generally has the firing pin, the powder, and the actual cartridge in place. To be functional means that the gun will discharge that ammunition.
If a gun is not functional, then the gun cannot be a deadly weapon. A person can own an antique gun by State and Federal Law and not be functional. In these cases, the elements of a Lubbock gun defense are dependent on the type of firearm involved.
A diversion agreement is an agreement with the district attorney’s office whereby a charge is probated for an extended amount of time. It can be from 90 days up to a few years. And at the end of that charge. the case is dismissed. After utilizing such an element in a Lubbock gun defense. The defendant would be able to expunge the charge from their record. Contact Texas Criminal Defense Group.