Common Gun Charges in Texas

 Posted on October 13, 2025 in Criminal Defense

In Texas, weapons charges tend to carry stricter penalties due to the risk of someone getting hurt. Even responsible gun owners can suddenly end up facing felony charges when a firearm is allegedly misused, carrying the possibility of a lengthy jail sentence and the potential loss of gun ownership rights. If you have been accused of a weapons offense in Texas, the first thing you should do is to seek out legal representation.

At Law Office of Russ Alan Baker, PLLC, our Marble Falls, TX criminal defense lawyer can provide you with strong advocacy to contest a gun charge. We are prepared to investigate your case thoroughly, as our principal attorney has experience examining fingerprint evidence and other forensic evidence.

Three Common Weapons Charges in Texas

Unlawful Discharge of a Firearm

Under state law, firing a gun within the limits of certain municipalities can result in criminal charges. More specifically, you can be charged with an offense if you recklessly fire a gun within the corporate limits of a municipality with a population of 100,000 or more people (Texas Penal Code Sec 42.12). As a Class A misdemeanor, this offense is punishable by up to a year in jail if you are convicted.

As with any criminal offense, the burden is on the prosecutor to prove your guilt beyond a reasonable doubt. This means the prosecutor must demonstrate that you "recklessly" discharged the firearm and establish that the act took place within a municipality of at least 100,000 people. Our firm can review the facts of your case and potentially argue that your conduct could not have conceivably put anyone at risk.

Aggravated Assault

Allegations of assault should be taken seriously, as you may face more aggressive prosecution compared to other less violent crimes. What separates "aggravated" assault from regular assault is the use of a deadly weapon, which can trigger immediate felony charges. Actually firing the weapon is not a requirement, as you could also be charged with aggravated assault for merely "exhibiting" the weapon in a threat display.

Aggravated assault with a deadly weapon is a second-degree felony, carrying up to 20 years in prison if you are convicted. Intent may play a major role in your defense strategy, as you cannot be convicted of this specific charge without intentionally or knowingly threatening another person. For instance, simply displaying the weapon without meaning to intimidate another person does not qualify as assault.

Deadly Conduct

You can be charged with deadly conduct for knowingly firing a gun in the direction of a person, or at a habitation, vehicle, or building without first making sure it is unoccupied. This crime is charged as a third-degree felony, which carries a maximum prison sentence of 10 years.

Self-defense may be a viable strategy for contesting a deadly conduct charge. However, the use of deadly force must meet certain criteria to be justified in Texas. Generally, it is permissible to fire a gun in self-defense if you believe it is immediately necessary to protect yourself from murder, aggravated kidnapping, or other violent crimes.

Meet With a Fredericksburg, TX Gun Charge Defense Lawyer

If you have been accused of a gun crime, our firm can put up an aggressive defense on your behalf. To schedule your initial consultation with our Marble Falls, TX weapons charge defense lawyer today, call Law Office of Russ Alan Baker, PLLC at 325-216-2006.