Facing a Firearm-Related Assault Charge in Collin County?

Collin County Gun Charge Lawyer | Barbieri Law Firm

If a gun is part of an allegation against you, the charge may be aggravated assault. Under Texas Penal Code § 22.02, an assault becomes aggravated when the person uses or exhibits a deadly weapon during it. This guide explains how a firearm enters these cases, what the defense reviews, and how to talk with a Collin County aggravated assault lawyer at Barbieri Law Firm. Barbieri Law Firm defends aggravated assault and family violence charges in Collin County and across Texas.

When a Gun Becomes Part of an Aggravated Assault or Family Violence Charge in Collin County

A gun becomes part of an aggravated assault charge when it is used or exhibited during an assault. Texas law sets up two main paths. One path is an assault that causes serious bodily injury. The other is an assault where a deadly weapon is used or exhibited. A firearm is a common example of a deadly weapon, so many gun cases fall into the second path.

The penalty depends on the details. A standard aggravated assault is a second-degree felony. Under Texas Penal Code § 12.33, that carries prison for not more than 20 years or less than 2 years. A fine of up to $10,000 can be added.

Some facts raise the charge to a first-degree felony. One is a deadly weapon used to cause serious bodily injury to a person with a specified family or dating relationship to the accused. Another is an assault against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant. A first-degree felony carries life or 5 to 99 years under Texas Penal Code § 12.32.

Family violence is a separate definition. Under Texas Family Code § 71.004, it covers an act by a family or household member against another member of the family or household that is intended to cause physical harm, bodily injury, assault, or sexual assault. It also covers a threat that reasonably places the member in fear of imminent harm. A gun can appear in either kind of act. The definition does not include defensive measures to protect oneself.

Barbieri Law Firm’s criminal defense work covers aggravated assault and family violence charges. A firearm-only matter outside those listed areas is not part of the firm’s practice. If your situation involves a sexual offense, see the firm’s online sex crimes defense lawyer page.

Can an Aggravated Assault Charge Be Dropped in Texas?

Yes, a charge can be dropped, but it depends on the facts. Decisions by the prosecutor and the court also play a role. No lawyer can promise how a case will end.

Early review looks at the offense report, any body-camera or other video, and 911 recordings. It also looks at witness statements and the complainant’s account. In a gun case, the review asks where the firearm was, who had it, and how police recovered it.

Gaps in the timeline are worth a close look. So are statements that change over time. These details can shape how the case develops.

Many people assume a case ends when the other person stops cooperating. A case can keep moving even then. That is why early choices still matter. Talk with a lawyer before answering questions about the gun. Statements made early can shape what comes next.

Public Defender or a Private Criminal Defense Lawyer: What the Difference Looks Like

Appointed lawyers and privately hired lawyers both represent people charged in Texas criminal cases. The practical differences are what most people feel. Questions to bring to your free initial consultation with Barbieri Law Firm:

• How much time can the lawyer give your file?
• Will the same lawyer handle the case from the first court setting to the end?
• How are your questions answered between court dates?

Clear answers to these questions help you judge fit. They do not show how a case will end. No lawyer can promise a result, whether appointed or hired. The facts of the case drive much of the outcome. Contact Barbieri Law Firm to get clear answers about your case from the start.

What the Defense Reviews in a Firearm Case

The defense reviews how the gun came into the event and what each person says about it. The review starts with the stop or contact. It includes the reason officers gave for their actions. It also checks whether the firearm was lawfully possessed or simply present at the scene.

Next, the review tests the complainant’s account. It looks for consistency, motive, and corroboration from other people or evidence. Injuries and medical records are checked too. They can support or contradict what was described.

Self-defense is one defense the review considers. Whether any of them fits depends on the facts. The review tests each one against the evidence.

Firearm possession can also carry separate problems after certain court orders. It also notes possible charges for related conduct. Ask about this early.

The firm reviews the evidence, explains the options, and discusses how each one could affect bond, a plea decision, and the case going forward.

How Defense Is Paid for, and the Free First Consultation

The first consultation is free, confidential, and carries no obligation to continue. You can ask questions and decide afterward whether to hire the firm. Bring any bond papers or court notices you already have.

Fee arrangements are discussed during that consultation, before any representation begins.

Talk With Heather Barbieri About Your Collin County Charge

If a gun is part of an allegation against you or someone in your family, the first days matter. Bond, the next court setting, and what you say to investigators can all shape what comes next. Our team can review those facts with you.

Call (972) 424-1902 or send your case details through the contact form for a free, confidential first consultation.

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Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.