In Texas, possessing a deadly weapon during the commission of a crime can significantly elevate the severity of criminal charges. What may have been considered a serious misdemeanor or minor felony could become much more consequential, and a conviction could result in a much lengthier prison term.
For example, simple assault is a Class A misdemeanor, but assault with a deadly weapon is a second-degree felony. Likewise, robbery is a second-degree felony charge in Texas but becomes a first-degree felony if a deadly weapon is used during one.
These differences demonstrate why it’s crucial to understand whether you are alleged to have had—or used—a deadly weapon. If you are unfairly accused of this, you need a dedicated legal advocate who can help you fight to avoid unfair consequences.
What Texas’ Laws Say About Deadly Weapons
Under Texas law, pretty much anything may be considered a deadly weapon. Texas Penal Code 1.07(a)(17) states that any object that can be used to kill or cause serious bodily injury—or is used with such intent—may be considered a deadly weapon. This includes objects that were designed or adapted for the purpose of killing or harming, but it may include other objects that may be used for the same purpose.
Therefore, a deadly object can include any of the following:
- Bladed weapons
- Gardening tools
- Baseball bat
- Kitchen utensils
It’s worth mentioning that the classification of an object as a deadly weapon depends on several factors, such as use, location, and intent. For instance, a kitchen knife is not a deadly weapon when used for ordinary culinary purposes. However, a knife used to threaten someone during a robbery is considered a deadly weapon. Similarly, if a person uses a vehicle as a weapon to intentionally ram someone else's vehicle, the car becomes a deadly weapon.
Arrested for Using a Deadly Weapon? We Can Help.
If you are arrested for a crime, your charges can be elevated if you are unfairly accused of using or possessing a deadly weapon during the alleged incident. Under these circumstances, you should strongly consider seeking professional legal guidance from an experienced criminal defense lawyer.
We at Alband, Lane & Balderrama can provide the legal support you need to protect your rights and fight for the best possible outcome. With our assistance, it’s possible to avoid unnecessary consequences for criminal charges for which you aren’t responsible.
Learn more about how we can help during an initial consultation. Contact us today to schedule yours.