A gun arrest in Texas can turn into a felony case faster than most people expect. A single firearm in the wrong place, in the wrong hands, or tied to the wrong allegation can mean prison exposure, a permanent record, and loss of your rights. If you are facing accusations related to gun crimes, you cannot afford to wait and see what happens.
At Lance Kennedy Law, we defend people accused of firearm charges in the Austin area and across Texas. Many of our attorneys previously served as federal and state prosecutors, including as an Assistant United States Attorney and an Assistant District Attorney. We now use that insight to challenge the government’s case and work to protect our clients’ futures.
Our team includes two attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization. We have tried hundreds of jury trials in state and federal courts and handled thousands of criminal cases. When gun charges threaten your liberty and your record, you need a defense team that understands how these cases are built and how to respond.
When you are charged with a weapons case, the prosecutor who stands across from you has significant power. We know how they think because we used to do that job. Our attorneys include a former Assistant United States Attorney, a former Assistant District Attorney, and multiple former state and federal prosecutors who once decided how to investigate, charge, and try serious cases.
That background matters in firearm cases. We understand how prosecutors evaluate evidence from traffic stops, searches of homes, or long-running investigations. We recognize which facts tend to move a case toward indictment, which facts create leverage for negotiation, and which errors can open the door to suppression or dismissal of evidence. We work to anticipate the government’s strategy so we are not reacting at the last minute.
Two of our attorneys are Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board Certification reflects substantial involvement in criminal practice, peer review, and additional testing. For someone facing serious gun charges that could lead to a felony record, that level of criminal law focus can provide an added measure of confidence.
Our founder, Lance Kennedy, is a former U.S. Army Judge Advocate with degrees from Southern Methodist University Dedman School of Law, Harvard University, and The University of Texas at Austin. His military and prosecutorial background influences how we approach cases, with disciplined preparation, structured strategy, and steady courtroom presence. Prosecutors negotiate differently when they know the defense has meaningful trial experience behind it.
Common Gun Charges In Texas
Gun laws in Texas are complex, and small details can change a case from a misdemeanor into a felony. Many people find themselves charged not because they set out to commit a crime, but because they misunderstood where or how they could carry a firearm. Others are accused of using or possessing a weapon in connection with a separate allegation.
State firearm charges can include unlawful carrying of a weapon, possession of a weapon in a prohibited place, carrying while intoxicated, or possession of a firearm by a person with a disqualifying criminal history. Allegations that a gun was used during an assault, robbery, or drug offense can increase the severity of the case and the potential sentence. These cases often involve disputes about who actually possessed the weapon, what the person intended, and whether the police had the right to search.
Some matters can lead to federal attention. Federal law can apply to situations such as a felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime, or weapons cases involving interstate or international activity. When conduct in or around Austin draws interest from federal agencies, a state case can be accompanied by a separate indictment in federal court.
Every situation is different. Factors such as prior convictions, probation status, immigration concerns, and the specific facts of the incident can significantly affect risk. We help clients understand where their case fits in this landscape and what steps may be available to limit consequences.
How Gun Cases Are Investigated
Most firearm cases start with an encounter that happens in seconds. A traffic stop, a family disturbance call, or a contact in a parking lot can quickly lead to a pat down, a vehicle search, or a request to enter a home. What officers see, how they document it, and whether they followed proper procedures all matter for your defense.
In the Austin area, investigations frequently involve the Austin Police Department, the Travis County Sheriff’s Office, or law enforcement in surrounding counties such as Williamson and Hays. In some situations, especially where guns are tied to alleged drug trafficking, gangs, or cross-border activity, federal agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or joint task forces may become involved. Cases that begin in a county court can sometimes be adopted by the United States Attorney’s Office for the Western District of Texas.
Our attorneys have worked directly with agencies that often appear in firearm investigations. Members of our team previously handled matters involving the ATF, FBI, DEA, HSI, Border Patrol, Texas Rangers, and local police. That experience gives us insight into how reports are written, how evidence is collected, and where investigative gaps may exist. We review whether officers had lawful grounds for a stop, probable cause for a search, and a basis to connect a client to a particular weapon.
Once you are arrested or contacted by law enforcement about a firearms case, your choices can affect what evidence the government has available. Statements to officers, consent to search a vehicle or phone, and attempted explanations to investigators may seem helpful in the moment but can be used against you later.
Serving Clients In Austin Courts
Lance Kennedy Law has its principal office in Austin, and we regularly represent clients in the criminal courts of Travis County. We also appear in Williamson County courts in Georgetown and Hays County courts in San Marcos. This local presence allows us to navigate the day-to-day realities of these systems, including court settings, bond conditions, and prosecutor practices.
Some firearm cases are filed in the United States District Court for the Western District of Texas, which handles federal matters arising from the Austin area and surrounding regions. When conduct overlaps state and federal law, or when federal agencies are involved from the start, clients benefit from a firm that handles both levels of court. We understand how federal charging decisions, guidelines, and plea policies can differ from what clients see in county courts.
Local rules and customs can influence how a case moves. Bond conditions may restrict contact with firearms, travel, or certain people. Prosecutor's offices in different counties may take different approaches to particular types of weapons offenses. We guide clients through each step, from the first appearance through potential resolution or trial, so they know what to expect when they walk into court.
Frequently Asked Questions
Will I go to jail for a gun charge?
Some firearm charges carry a real risk of jail or prison, but outcomes depend on many factors. Prior convictions, the specific allegation, the county, and whether the case is in state or federal court all matter. We review your situation and explain realistic ranges and options.
Should I talk to the police about a firearm case?
In most situations, you should not discuss the facts of a weapons case with law enforcement without a lawyer present. Statements can be used against you even if you meant to help yourself. We typically advise clients to assert their rights and let us handle communication.
Can my gun case go to federal court?
Some cases do move to federal court, particularly those involving felon in possession, drug trafficking, or alleged interstate activity. Whether that happens often depends on the agencies involved and the facts. Our team has handled federal criminal matters and can advise you about this risk.
How do prior convictions affect a weapons charge?
Prior convictions can increase the level and potential punishment for a gun allegation, especially if a prior felony is involved. They may also affect bond, plea offers, and eligibility for certain options. We carefully analyze your history and factor it into strategy and negotiations.
Do you offer payment plans for gun cases?
Yes. We offer payment plans in many matters to help clients secure representation when charges are pending. We discuss fees and payment options clearly at the beginning of the case so you understand the financial commitment and can focus on the legal issues ahead.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
If you or someone you care about is facing a gun-related accusation, you do not have to navigate it alone. Early advice from a criminal defense lawyer can affect how charges are filed, what evidence is challenged, and how your rights are protected in the courts around Austin.
At Lance Kennedy Law, our team of former federal and state prosecutors, including Board Certified Criminal Law attorneys, brings trial-tested criminal defense to firearm and weapons offenses. We offer straightforward counsel, strategic preparation, and payment plans to help make quality representation accessible when it matters most.
Contact us today to get started with our Austin gun crimes attorney.
If you were arrested for DWI, our firm can help you build a strategic defense to reduce or dismiss the charges against you. Some common legal strategies include:
Unlawful traffic stops. Police must have reasonable suspicion to pull you over, such as speeding or swerving. If the DWI stop was unlawful, we can challenge the evidence against you and fight for dismissed or reduced charges.
Lack of probable cause. Law enforcement must have probable cause to arrest you for DWI. If the officer arrested you without sufficient evidence of intoxication, we can file a motion to suppress all evidence gathered after the arrest.
Improper field sobriety tests. Standardized tests like the walk-and-turn or one-leg stand are frequently used to establish probable cause, but are often subjective and influenced by outside factors. We challenge the administration and accuracy of FSTs to prove they were improperly conducted or inconclusive.
Inaccurate chemical test results. Breath and blood tests can be inaccurate due to improper calibration or operator error. Medical conditions like diabetes and acid reflux can also mimic intoxication and cause false positives. We can identify any testing errors to dismiss inadmissible evidence from your case.
If you were charged with DWI on I-610, your driver’s license may be suspended unless you request an administrative license revocation (ALR) hearing within 15 days of your arrest. ALR cases are separate civil proceedings handled by the Department of Public Safety (DPS).
Failure to request a hearing within this timeframe can result in automatic license suspension, making it crucial to consult a knowledgeable DIW defense lawyer as soon as possible. Our lawyers can request an ALR hearing on your behalf and work tirelessly to restore your driving privileges.
No. While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony, depending on the specific aggravating factor involved.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.