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Karnes County firearms charges defense lawyer

In the midst of tragedies involving gun violence, many states have taken measures to restrict gun rights in an attempt to reduce this ongoing issue. One primary concern that has been addressed by legislators is the right to carry arms in a concealed manner. Some states may have restricted their residents’ weapons rights; however, Texas remains pro-concealed carry. Many gun owners see taking away this legal right as a direct violation of the Second Amendment and a means of disabling people from being able to defend themselves. Regardless of your stance on the matter, it is important to note that Texas residents who wish to carry a concealed weapon have strict laws by which they must abide -- and those who fail to do so can face serious legal consequences, including criminal charges.

The Application Process

Many individuals have the incorrect assumption that anyone can get a license to carry a weapon without realizing the various qualifications that must be met. Concealed carry is legal with a Texas License to Carry (LTC) or a concealed carry license/permit from a state that Texas honors. Texas is considered a “shall-issue” state with concealed weapons permits, which means that the Department of Public Safety cannot deny a permit to an applicant if they meet all of the legal requirements.

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Jourdanton drug crimes defense attorney

Throughout the United States, the laws regarding marijuana have changed significantly in recent years. After President Trump’s December 2018 Farm Bill left hemp sale and production regulation up to state lawmakers, several states have taken steps to address the legality of marijuana and related products, and Texas is no exception. With all of these recent changes, it can be difficult to keep track of what is and is not legal. That is why it is crucial to stay up to date on all legal changes and contact a drug charge defense attorney if you are facing possible criminal charges.

Texas House Bill 1325

This past June, Governor Abbott signed House Bill 1325 into law, legalizing the commercial production of hemp in the state of Texas. However, before this law can go into effect, the Texas Department of Agriculture needs to submit a “state hemp plan” to the USDA. Farmers hoping to get approval to grow hemp will need to submit growing permits with the Texas Department of Agriculture, which expects to begin accepting applications at the start of 2020. While it seems like the government has a solid plan for implementing this new legislation, lines may become blurred regarding what is considered legal in Texas.

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Jourdanton criminal expunction lawyer

One of the major obstacles that former offenders face is a stain on their permanent record. Whether they went to prison or not, a criminal history can add complications to their personal and professional lives. Individuals with a criminal record can lose custody of their children and have a difficult time finding employment. To help ease the transition, Texas law allows some criminals to expunge their records, but there are specific eligibility requirements that must be met in order to do so.

What Is Expunction?

The term “expunction” refers to the removal of information about an arrest, charge, or conviction from a personal record. In other words, if a person’s record is expunged, the information is removed from his or her record, and he or she is legally allowed to deny that the incident ever occurred. However, this option is not available to most offenders and has certain eligibility requirements that must be met.

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Floresville assault and battery defense attorney

In many states, assault and battery are treated as separate crimes. Assault and battery have different criminal definitions and thus result in distinctive penalties in the states that prosecute them separately. But what about the states that do not separate the two offenses? If they have different legal definitions, what are the consequences for committing them in the states that do not separate the two? For example, Texas does not distinguish between assault and battery. Therefore, it is important to know the distinction between the crimes in the event you or someone you know faces these allegations.   

What Is the Difference Between Assault and Battery?

An action is considered an “assault” if someone threatens another person with “imminent” bodily injury. In other words, no physical harm has to be done in order for someone to be charged with assault in the states that separate the two. For instance, if an individual threw a punch and missed the intended party, the offender could be charged with assault since imminent danger was assumed by the potentially injured party. Battery charges require physical contact, which can be deemed “offensive” or “injurious.” These two offenses are so closely intertwined that Texas penal code 2201 does not distinguish between the two. Assault and battery are classified as one offense, labeled under the term “assault.” 

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Jourdanton firearms violation defense attorney It is no secret that mass shootings have plagued Texas, along with the rest of the country, over the last decade. According to a recent NBC News report, the shooting in El Paso left at least 22 people dead and 26 injured and falls within the top 10 deadliest shootings in modern American history. These shootings involving firearms have prompted two distinct sides: Those who want stricter gun laws and those who believe access to firearms will keep more individuals safe. The state of Texas recently passed new gun laws, which go into effect soon and will potentially impact many gun owners. 

What Are the New Texas Gun Laws?

In the last session, Texas lawmakers passed nine gun-related bills, a few of which will become laws and go into effect on September 1. There are two gun law changes that affect who can carry guns and where they can carry them. One of the laws allows handgun owners to carry their concealed firearms without a permit for up to one week if a disaster has been declared. Some may say that this new law violates the original law, found in section 46.02 of the Texas Penal Code, regarding concealed carry requirements. However, the new law specifies three instances in which section 46.02 does not apply to handgun owners:

  1. The person carries the handgun while evacuating from an area after a state of disaster or a local state of disaster has been officially declared or while reentering the area that he or she just evacuated.

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Testimonials

  • “Barrera was my attorney for a criminal and misterminor case it took almost three years. I couldnt ask for a better attorney. At first I was a little nervous because he is a very quiet man, but when he is up there asking questions and cross examination Stephen is amazing and I knew i would be alright. We won both cases with no plea deals. I would recommend Stephen Barrera to everyone. I wish his law firm many years of success. Thank you Stephen Barrera for helping me keep my freedom.”

    - Laura Egelston

  • “Chris was very professional and knowledgeable of what I was needing taken care of. He handled everything for me and I am so very grateful for his help. I would highly recommend him and his firm. Thank u Chris and Im looking forward to remaining friends. Thanks again, Michael Levick”

    - Michael W. Levick

  • “I was really impressed with Christopher Cavazos and how well he knew the law. On several occasions hes given us valuable legal advice and has been respectful and professional no matter how many questions we had. I recommend him to everyone I know!”

    - Tracy Garcia

  • “Stephen is wonderfully articulate. He has a very organic way of explaining things so that they are clear, concise, and comprehensible to the average person; that coupled with his level of professionalism, empathy, and direct line of communication makes for an easy endorsement and recommendation.”

    - Andrew Sanchez

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