Deadly Weapon in Penal Institution

Under Texas law, it is a crime for inmates to carry any type of deadly weapon in a penal institution. Committing this type of offense can result in extensive prison time and massive fines.

With your future on the line, you need to ensure that you have a lawyer on your side that will tirelessly fight to obtain a positive outcome for your case. The Benken Law Firm is prepared to protect your rights and secure a reduction or dismissal of your firearm and weapon charges.

Texas Deadly Weapon in Penal Institution Attorney

If you have been charged with carrying a deadly weapon inside of a penal institution, contact The Benken Law Firm. Attorney Brian Benken has been defending those arrested for firearm and weapon crimes for over 30 years. He will bring his extensive legal experience, knowledge, and resources to your case.

To schedule your first consultation which is free, call (713) 223 – 4051. The Benken Law Firm represents clients in all communities in Harris County and surrounding counties such as the Greater East End, Lawndale, River Oaks, Hedwig Village, and more.


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Deadly Weapon in a Penal Institution

Under Section 46.10 of the Texas Penal Code, an individual can be charged with deadly weapon in a penal institution if, while confined in a penal institution, he or she intentionally, knowingly, or recklessly:

  • Carries on or about his person a deadly weapon; or
  • Possesses or conceals a deadly weapon in the penal institution.

Texas law refers to a “penal institution” as a place designated by law for the confinement of individuals arrested for, charged with, or convicted of an offense.

“Deadly weapon” is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury.


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Penalties for Deadly Weapon in a Penal Institution in TX

Possessing or concealing a deadly weapon in a penal institution is a serious offense in Texas. The crime is a third-degree felony, which is punishable by up to 10 years of imprisonment and up to $10,000 in fines.

If you or a loved loved one is facing charges for having a deadly weapon in jail or prison, it’s imperative that you contact an experienced defense attorney as soon as possible. In a difficult time such as this, turn to The Benken Law Firm for experienced legal counsel.


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Additional Resources

Texas Penal Code: Deadly Weapon in Penal Institution – Visit the official website for the Texas Penal Code to view section 46.10 which constitutes the deadly weapon in penal institution offense. You can view important information such as penalties.

National Rifle Association – Visit the NRA website to learn more about gun laws in Texas. The NRA is a civil rights organization that strives to protect the Second Amendment.


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Houston Deadly Weapon in Penal Institution Attorney | Harris County, TX

If you are facing accusations for deadly weapon in penal institution, don’t go it alone. Have an experienced Houston criminal defense lawyer from The Benken Law Firm fighting for you. We will challenge the prosecutor’s evidence and seek to have your charges reduced or dismissed.

Take the first step in building your defense. Contact The Benken Law Firm at (713) 223 – 4051. Brian Benken defends those accused of criminal offenses throughout Harris County such as Houston, Galena Park, Bellaire, West University Place, Brookside Village and many others.


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(713) 223 - 4051
Benken Law