Texas Penal Code 46.10 – Deadly Weapon in Penal Institution
WHAT IS DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
The Texas law against deadly weapon in a penal institution prohibits a person who is confined in a penal institution from carrying, possessing, or concealing a deadly weapon.
- What is a deadly weapon? Texas Penal Code Section 1.07(17) defines a “deadly weapon” as: (1) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (2) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.For an object to be considered a deadly weapon, it must have more than a hypothetical capability of causing death. The Texas Court of Criminal Appeals explained in Flores v. State that the State must show the accused intended a violent use of a non-traditional weapon capable of causing serious bodily injury or death, and it was actually capable of doing so.
WHAT IS THE DEADLY WEAPON IN PENAL INSTITUTION LAW IN TEXAS?
Tex. Penal Code § 46.10. DEADLY WEAPON IN PENAL INSTITUTION.
(a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal institution.
(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.
(c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.
(d) An offense under this section is a felony of the third degree.
WHAT IS THE PENALTY CLASS FOR DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
Deadly weapon in a penal institution is a third degree felony, punishable by two to ten years in prison.
WHAT IS THE PUNISHMENT RANGE FOR DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
The punishment range for deadly weapon in a penal institution, a third degree felony, is between two to ten years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
A person charged with deadly weapon in a penal institution may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.
WHAT ARE THE DEFENSES TO DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
The statute authorizes an affirmative defense for a person whose conduct was authorized by an employee of a penal institution.
WHAT IS THE STATUTE OF LIMITATIONS FOR DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS?
The limitation period for deadly weapon in a penal institution is three years.
DEADLY WEAPON IN PENAL INSTITUTION IN TEXAS
Texas punishes inmates who possess, carry, or conceal deadly weapons while confined in penal institutions. Deadly weapons may be fashioned out of ordinary items otherwise authorized in penal institutions.
TEXAS DEADLY WEAPON IN PENAL INSTITUTION COURT CASES
The case law regarding deadly weapon in penal institution in Texas demonstrates the types of prohibited conduct.
- In Iglesias v. State, the defendant was an inmate at the El Paso County Jail Annex. As he was being transferred to a different unit, he was carrying his belongings, and a modified scrub brush fell out of his mattress. He was searched, and the officer found a sharpened plastic eyeglass earpiece that could be attached to the scrub brush to make a shank. The jury convicted the defendant of possessing a deadly weapon in a penal institution, and the appellate court affirmed. The sharpened edge and handle could be used to cause death or serious bodily injury, and were designed, made, or adapted for that purpose.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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