There is an interesting bit of misinformation that has been making the rounds, and it has resulted in an unusual crime trend. The Texas police report that the number of offenses committed by people carrying imitation weapons is on the rise. One possible reason for the trend makes perfect sense – imitation weapons like bb guns are inexpensive, easy to obtain without any background check, and effective because they are realistic looking enough to intimidate people. There is also another reason that people choose to use imitation weapons to commit crimes. Some people believe that if a weapon used in the commission of a crime is not real, the person who used the weapon during the crime will not be punished as harshly as they would had they been holding or using an actual gun. That is simply not true, and, as you might imagine, some unsuspecting folks have gotten some rather unpleasant surprises after they committed crimes using imitation weapons.
In Texas, if a person uses an imitation gun while committing a crime and the victim of the crime believes it to be real, the individual who committed the crime can be charged with a first-degree felony. The maximum sentence that could follow a conviction on a charge like that is incarceration for life. Many different types of crimes have been committed by individuals armed with fake guns. From armed robbers to gang members disturbing the peace, the use of imitation weapons appears to have broad appeal.
The severity of the charges that can follow a crime committed with an imitation weapon are just one type of unpleasant surprise that a criminal can encounter when using a fake gun. Many Texans are licensed to carry firearms, and if someone who has a real gun by their side believes that they are about to be shot, or someone else is in danger of being shot, you can pretty much guess what happens next. The same goes for police officers – if an individual is brandishing a gun, an officer does not have any meaningful opportunity to examine it to determine whether it is real before they act to protect their life and the lives of others around them. Many imitation weapons are nearly impossible to distinguish from their authentic counterparts at any distance, and it is even harder to see what a gun looks like when the person holding it is concealed, in a dark area, moving, or waving the gun around.
Some states have banned the sale of realistic imitation weapons, and while Texas may eventually join in the effort, there is no such law here right now In the areas that do have those restrictions, imitation guns must have distinguishing characteristics, such as brightly colored stripes down the barrel.
Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of all Texans
Whether the gun crime that you are facing charges for involved a real or an imitation weapon, a conviction could have many effects on your life. An experienced Texas criminal defense attorney can help you understand the possible consequences of a conviction, as well as possible strategies for avoiding conviction. If you would like to learn more about how Texas Criminal Defense Attorney Alex Tyra could help you, call our office today, at (903) 753-7499.