Frisco Unlawful Carrying of a Weapon Defense Attorney

Facing unlawful carrying of a weapon charges in Frisco can have serious consequences for your future. These charges may result in jail time, substantial fines, and the loss of your right to carry firearms. At My Dallas Criminal Lawyer, our experienced Frisco criminal defense attorneys understand Texas weapons laws. We provide aggressive representation for clients throughout Collin County and Denton County.

Our legal team has successfully defended numerous clients against UCW charges. Our results include dismissals, charge reductions, and acquittals. Additionally, we offer free consultations and 24/7 availability. This approach helps you receive immediate legal guidance when you need it most. Call 214-949-4117 to discuss your case today.

Understanding Unlawful Carrying of a Weapon in Texas

Texas Penal Code Section 46.02 defines unlawful carrying of a weapon. The law applies when a person intentionally, knowingly, or recklessly carries a handgun, illegal knife, or club. This includes carrying on their person or in a motor vehicle under their control. However, exceptions exist for those licensed to carry or who fall under specific legal protections.

The law defines “intentionally, knowingly, or recklessly” carrying as having conscious awareness of the weapon’s presence. It also includes acting with deliberate indifference to whether you are carrying a prohibited weapon. This mental state element plays a crucial role in building an effective defense strategy.

Types of weapons covered under the statute include:
• Handguns (pistols and revolvers)
• Illegal knives (blades longer than 5.5 inches, switchblades, daggers)
• Clubs (blackjacks, nightsticks, tomahawks)
• Other prohibited weapons as defined by Texas law

Texas implemented constitutional carry on September 1, 2021. This change evolved the landscape of weapons charges. However, UCW charges still apply in specific circumstances and prohibited locations.

Penalties for Unlawful Carrying of a Weapon in Frisco

Class A Misdemeanor Penalties

Prosecutors in Frisco typically charge UCW as Class A misdemeanors. These charges carry penalties of:
• Up to one year in county jail
• Fines up to $4,000
• Potential probation with strict conditions
• Community service requirements

Enhanced Felony Penalties

Courts can enhance UCW charges to third-degree felonies under certain circumstances. These include:
• Carrying on premises licensed to sell alcohol
• Previous convictions for similar offenses
• Carrying in prohibited locations like schools or government buildings

Third-degree felony UCW charges carry 2-10 years in state prison and fines up to $10,000.

Long-term consequences extend beyond immediate penalties. These charges affect employment opportunities, professional licensing, and housing applications. Furthermore, they permanently restrict your right to carry firearms. These collateral consequences make aggressive legal representation important.

Common UCW Scenarios in Frisco and Collin County

Traffic stops represent the most common scenario leading to UCW charges in Frisco. Officers discover weapons during routine traffic stops. They often pursue UCW charges even when drivers believe they are legally carrying.

Carrying in prohibited locations frequently results in charges. These locations include:
• Schools and educational institutions
• Polling places during elections
• Government buildings and courthouses
• Businesses with proper 30.06/30.07 signage

Unlicensed carry situations continue to generate UCW charges despite constitutional carry laws. Many individuals misunderstand the scope of constitutional carry. As a result, they face charges when carrying in restricted circumstances.

Enhanced charges in alcohol-serving establishments remain common. Texas law maintains strict prohibitions on carrying weapons in bars. This includes restaurants deriving 51% or more of income from alcohol sales and other licensed premises.

Legal Defenses Against UCW Charges

Constitutional Challenges

Our attorneys regularly challenge UCW charges on constitutional grounds. These challenges include Second Amendment violations and due process issues. Recent changes in Texas law and federal court decisions have created new opportunities for constitutional challenges.

Procedural Defenses

Procedural defenses focus on how evidence was obtained. They also examine whether proper legal procedures were followed. Common procedural defenses include:

Lack of knowledge or intent represents a powerful defense. This applies when defendants genuinely did not know they were carrying a weapon. It also applies when they were unaware of legal restrictions. The prosecution must prove the required mental state beyond a reasonable doubt.

Valid license to carry exceptions apply when defendants possess proper licensing. However, they face charges due to misunderstandings about where they can legally carry. Our attorneys thoroughly investigate licensing status and applicable exceptions.

Illegal search and seizure issues arise frequently in UCW cases. Law enforcement sometimes violates Fourth Amendment rights during searches. When this happens, we file motions to suppress evidence. This often results in case dismissals. Recent Texas Court of Criminal Appeals decisions have strengthened requirements for warrant affidavits. The case Staley v. State (March 6, 2025) established clearer “nexus” requirements between suspected crimes and items to be searched.

The UCW Legal Process in Collin County Courts

The legal process begins with arrest and booking procedures. Understanding your rights during this initial phase is important for protecting your case.

Court appearances in Collin County follow specific procedures. After arrest, defendants must appear before a magistrate within 48 hours. This appearance covers probable cause determination and rights advisement. The formal First Appearance court setting is typically scheduled 40-60 days after arrest. During this time, defendants appear before their assigned judge.

Plea options vary depending on case circumstances and prosecutor discretion. Our attorneys negotiate with Collin County prosecutors to secure favorable plea agreements when appropriate. Meanwhile, we prepare for trial when necessary.

The trial process in Collin County involves jury selection, opening statements, evidence presentation, and closing arguments. Our trial experience includes multiple acquittals and successful constitutional challenges.

Why Choose My Dallas Criminal Lawyer for Your Frisco UCW Case

Our founding attorney, Justin Wilson, brings unique advantages as a former prosecutor. He has insider knowledge of state strategies. This experience, combined with recognition as Texas Rising Stars 2021-2023 (Top 2.5% of Texas attorneys), provides clients with strong representation.

Our track record in weapons cases includes recent dismissals, charge reductions, and successful constitutional challenges. We have achieved NO-BILL results on serious felony charges and multiple acquittals in jury trials. These results demonstrate our commitment to aggressive defense.

Local Collin County court knowledge gives us distinct advantages. We understand prosecutor tendencies, judge preferences, and local procedures. Our Frisco office location provides convenient access. Additionally, it demonstrates our commitment to serving the local community.

We provide 24/7 availability and free consultations. This approach helps you receive immediate legal guidance when you need it most. Our 5.0 Google rating with 42+ reviews reflects our dedication to client service and successful outcomes.

Protecting Your Rights After a UCW Arrest in Frisco

Take immediate steps to protect your rights following arrest:
• Exercise your right to remain silent
• Request an attorney immediately
• Do not consent to searches
• Document all interactions with law enforcement

What not to say to police includes any statements about weapon ownership, carrying habits, or knowledge of laws. Even seemingly innocent statements can be used against you in court.

The importance of early legal representation cannot be overstated. Early intervention allows us to preserve evidence, interview witnesses, and begin building your defense strategy immediately.

Preserving evidence and witness testimony requires prompt action. Security camera footage, witness statements, and physical evidence can disappear quickly without proper legal intervention.

Frequently Asked Questions About Frisco UCW Cases

If you are facing Frisco unlawful carrying of a weapon charges, contact My Dallas Criminal Lawyer immediately for a free consultation. Our experienced attorneys will review your case, explain your options, and fight to protect your rights. Call 214-949-4117 or visit our Frisco office at 5 Cowboys Way STE 300, Frisco, TX 75034.