Can You Face Additional Charges for Displaying a Gun During an Alleged Crime?

 Posted on July 10, 2026 in Criminal Defense

Displaying a firearm during an alleged crime in Texas can result in additional charges on top of the original offense. What might start as one charge can quickly become two or more, with much higher penalties attached. You may not realize how much the presence of a firearm can change a case until you’re already facing something far more serious than you expected. If you are facing charges that involve a firearm in 2026, our Wise County, TX criminal defense lawyer can help you understand what you are up against and fight to protect your rights.

How Does Displaying a Gun Change a Criminal Charge in Texas?

In Texas, having a firearm present during the commission of a crime can change the charges in several significant ways. It can turn a misdemeanor into a felony. It can raise a lower-level felony to a higher one. And it can trigger mandatory minimum sentences that take away a judge's ability to show leniency even when the circumstances might otherwise allow for it.

Prosecutors do not have to prove you fired the weapon or even that you intended to use it. Simply having a gun visible or accessible during an alleged crime can be enough to trigger enhanced charges.

What Is Aggravated Assault With a Deadly Weapon in Texas?

One of the most common ways displaying a gun leads to more charges is through aggravated assault with a deadly weapon. Under Texas Penal Code Section 22.02, a simple assault can be elevated to aggravated assault if a deadly weapon is used or exhibited during the offense.

A simple assault in Texas can be a Class A misdemeanor. Aggravated assault with a deadly weapon is a second-degree felony, carrying two to 20 years in prison. If the assault involved certain protected people, like a public servant or a family member in specific circumstances, it can become a first-degree felony carrying five to 99 years or life in prison.

What Is Aggravated Robbery in Texas?

Robbery charges are another common scenario. Under Texas Penal Code Section 29.03, robbery becomes aggravated robbery when a deadly weapon is used or exhibited during the offense. Robbery on its own is a second-degree felony. Aggravated robbery is a first-degree felony carrying five to 99 years or life in prison.

You do not have to point the weapon at anyone or make an explicit threat. Simply having a firearm visible during the robbery can support the aggravated charge. Even situations where the presence of the gun seemed incidental can result in first-degree felony charges.

Can You Face Separate Charges Just for Having the Firearm During an Alleged Crime?

On top of having the underlying charge elevated, you may also face separate charges related to the firearm itself depending on your situation.

Separate charges that may apply include:

• Possession of a firearm by a felon under Texas Penal Code Section 46.04, which applies if you have a prior felony conviction
• Carrying a weapon in a prohibited place under Texas Penal Code Section 46.03
• Federal weapons charges if the firearm was connected to a drug offense

Each additional charge carries its own penalties. When multiple charges are stacked against you, the total prison exposure can become very significant very quickly.

What Defenses Are Available When a Firearm Was Involved in Your Criminal Case?

Having a firearm present during an alleged crime does not mean all charges will automatically stick. Some defenses may apply depending on the specific facts of your case.

Your attorney will look at the following:

• Whether the firearm was actually exhibited in the way the prosecution claims
• Whether you had a legal right to carry it
• Whether the underlying offense itself can be challenged on the facts or the evidence
• Whether the search that led to finding the firearm was legally justified
• Whether your rights were violated at any point during the investigation or arrest

Self-defense is also an important consideration in many Texas firearm cases. Under Texas Penal Code Section 9.31, a person is justified in using force when they reasonably believe it is necessary to protect themselves from another's unlawful force. If displaying the firearm was an act of self-defense, that can be a powerful argument against the charges.

Schedule a Free Consultation With Our Decatur, TX Weapon Crimes Defense Attorney

Attorney Timothy D. Godwin is a former Traffic and Highway Patrol Trooper and a veteran who brings the discipline, attention to detail, and commitment to service that defined his military and law enforcement career to every case he handles. That background gives him a unique perspective on how these cases are built and where they can be challenged.

Call Godwin Law Firm, PLLC at 940-255-0000 to talk to our Wise County, TX criminal defense lawyer today.