Texas law protects the right to carry and possess firearms, but when a weapon is displayed, threatened, or used during a road rage incident, the situation can escalate into serious criminal charges. What might otherwise be a lawful possession of a handgun or rifle can turn into allegations of Unlawful Carry of a Weapon (UCW), Deadly Conduct, or even Aggravated Assault with a Deadly Weapon, depending on the circumstances.
Law enforcement takes road rage cases very seriously, especially in urban areas like Austin where traffic congestion often fuels these confrontations. A moment of anger, combined with firearm possession, can lead to felony charges, loss of gun rights, and lasting damage to your record and reputation.
Texas Road Rage with Weapon Possession Attorney
If you have been accused of brandishing, displaying, or unlawfully possessing a firearm during a road rage incident in Travis County, you need an attorney who understands how prosecutors build these cases and how to dismantle them.
Kevin Bennett is an experienced defense attorney in Austin who represents clients facing weapons and assault charges. He will carefully investigate the stop, challenge witness credibility, and look for weaknesses in the state’s case to protect your rights and your freedom.
Call (512) 476-4626 today to schedule your free consultation with The Law Office of Kevin Bennett.
Information Center
- Applicable Texas Laws
- Common Scenarios Leading to Charges
- Austin Traffic Hotspots for Road Rage Arrests
- Legal Penalties and Consequences
- Defenses in Road Rage with Weapon Possession Cases
- Key Elements for the Jury to Consider
- Frequently Asked Questions
- Additional Resources
Applicable Texas Laws
Several laws may come into play in a road rage incident involving firearms:
- Texas Penal Code § 46.02 – Unlawful Carry of a Weapon (UCW): Carrying a weapon unlawfully while committing another offense.
- Texas Penal Code § 22.02 – Aggravated Assault with a Deadly Weapon: Threatening or injuring another person while displaying a firearm.
- Texas Penal Code § 22.05 – Deadly Conduct: Recklessly placing another person in imminent danger by brandishing or discharging a firearm.
- Texas Penal Code § 42.01 – Disorderly Conduct: Displaying a firearm in a manner calculated to alarm others.
Depending on the facts, charges may range from a Class B misdemeanor to a first-degree felony.
Common Scenarios Leading to Charges
Road rage incidents can spiral quickly, and when a firearm is involved, even if never fired, the consequences can be life-changing. Below are detailed examples of scenarios that commonly result in criminal charges in Texas:
Brandishing a Weapon During an Argument
A driver who becomes frustrated in traffic might pull out a handgun and wave it to intimidate another motorist. Even if the weapon is not pointed or discharged, prosecutors may charge the individual with disorderly conduct with a firearm or deadly conduct, arguing that the display was “calculated to alarm.
Pointing a Firearm at Another Driver
In the heat of the moment, one driver allegedly points a gun at another during a lane-change dispute. This can elevate the charge to aggravated assault with a deadly weapon, even if no shot was fired. The simple act of pointing a firearm at someone is enough for police to treat the situation as a felony assault.
Verbal Threats While Armed
Sometimes the dispute begins with shouting and aggressive gestures. If the driver making threats is also found to have a visible firearm in their lap, waistband, or holster, prosecutors may argue that the presence of the weapon turned the verbal dispute into a criminal threat with a deadly weapon.
Discharging a Weapon from a Vehicle
Even if a gun is fired into the air or at no one in particular, Texas law treats this as extremely dangerous behavior. Firing a weapon from or near a moving vehicle is often charged as deadly conduct (discharging a firearm) or escalated to aggravated assault, depending on the circumstances.
Retaliation or Escalation After a Collision
In some cases, a minor fender-bender or aggressive driving maneuver turns into a confrontation. If one driver retrieves a firearm from their vehicle and uses it to threaten the other driver after the accident, they may face UCW charges on top of assault or aggravated assault allegations.
Austin Traffic Hotspots for Road Rage Arrests
Austin’s rapidly growing population and heavy traffic make it one of the most likely places in Texas for road rage incidents. Law enforcement closely monitors certain traffic hotspots where congestion and tempers often collide:
- I-35 Corridor: Known for gridlock and aggressive driving, I-35 through downtown Austin is a common site of traffic disputes escalating into confrontations.
- MoPac Expressway (Loop 1): Heavy rush-hour traffic leads to frequent lane-changing conflicts that sometimes result in altercations.
- Highway 183 / Research Boulevard: With fast-moving traffic and merging bottlenecks, tensions can run high and encounters can escalate quickly.
- SH 71 / Ben White Boulevard: A heavily traveled route to the airport and surrounding areas, often cited in police reports for reckless driving and disputes.
- Downtown and Entertainment District Exits: Areas near 6th Street, Rainey Street, and the Warehouse District often see road rage confrontations late at night when alcohol and firearms are both factors.
Because firearms are widely carried in Texas, police treat road rage calls in these areas with heightened caution, often resulting in immediate arrests if a weapon is involved.
Legal Penalties and Consequences
The consequences of a road rage arrest involving firearm possession can be severe:
- Aggravated Assault with a Deadly Weapon – 2 to 20 years in prison and up to $10,000 in fines (second-degree felony).
- Deadly Conduct (Discharging a Firearm) – up to 10 years in prison (third-degree felony).
- Unlawful Carry of a Weapon / Disorderly Conduct – up to 1 year in jail and a $4,000 fine (Class A misdemeanor).
- Collateral Consequences:
- Permanent criminal record
- Loss of firearm rights under state and federal law
- Job loss and restricted professional licensing
- Immigration consequences for non-citizens
- Increased scrutiny in family law or custody disputes
Even if no shots were fired and no one was injured, the allegation alone can trigger felony-level prosecution.
Defenses in Road Rage with Weapon Possession Cases
An experienced defense attorney will tailor defenses to the facts of the case. Common defenses include:
- Self-Defense or Defense of Property – Texas law allows the use or display of a firearm if reasonably necessary for protection. If another driver threatened you first, a self-defense claim may apply.
- Lack of Intent – Prosecutors must prove you intentionally threatened or alarmed someone with the firearm. If the weapon was never displayed or was present for lawful reasons, intent may be challenged.
- Mistaken Identity / False Accusations – Road rage incidents often involve multiple drivers, fast-moving vehicles, and chaotic situations. Witnesses may misidentify the person allegedly holding the weapon.
- Constitutional Violations – If police conducted an illegal stop, search, or seizure, key evidence, including the firearm itself, may be excluded.
- No Firearm Displayed – Simply possessing a firearm in your vehicle is legal in Texas. If there is no proof you displayed or used the firearm, the charge may not stand.
Key Elements for the Jury to Consider
Jurors must be convinced beyond a reasonable doubt of certain elements before convicting:
- Did the defendant knowingly display, brandish, or use the firearm?
- Was there an actual threat or imminent danger, or just an angry exchange?
- Was the other driver’s testimony reliable, or influenced by fear, bias, or poor visibility?
- Were there inconsistencies in police reports, dashcam footage, or witness accounts?
- Did law enforcement follow proper procedures during the stop and arrest?
Frequently Asked Questions
Q: Is it illegal to have a gun in my car if I get into a road rage argument?
Not necessarily. Possession of a firearm in your vehicle is legal in Texas. It becomes a crime only if you unlawfully display, brandish, or use the weapon.
Q: Can I be charged if no shots were fired?
Yes. Threatening, displaying, or even carrying in a manner “calculated to alarm” can result in charges.
Q: What if the other driver started the confrontation?
Self-defense can be a valid defense, but it must be proven that your actions were reasonable under the circumstances.
Q: Will I lose my gun rights if convicted?
Yes. Felony convictions involving firearms almost always lead to loss of Second Amendment rights.
Q: Can these charges be reduced or dismissed?
Yes, depending on the evidence. An attorney may challenge the legality of the stop, attack witness credibility, or negotiate a reduced charge.
Additional Resources
Texas Penal Code – Weapons Offenses: Texas Penal Code Chapter 46 – Full text of Texas laws governing weapons, including Unlawful Carry of a Weapon and related firearm restrictions.
Texas Penal Code – Assault and Deadly Conduct: Texas Penal Code Chapter 22 – Statutory definitions and penalties for assault, aggravated assault with a deadly weapon, and deadly conduct charges.
Travis County Courts: Travis County Criminal Courts Website – Official county resource for criminal case information, including court dockets, scheduling, and defendant self-help materials.
Austin Road Rage with Weapon Possession Lawyer | Travis County, TX
A road rage incident can quickly spiral into felony charges if a firearm is involved. Even if you believed you were acting in self-defense, prosecutors may argue otherwise. That is why you need a strong defense attorney who understands both weapons law and assault cases.
Kevin Bennett represents clients throughout Travis County, including Austin, Pflugerville, Lago Vista, and Lakeway. He will investigate the facts, challenge the evidence, and fight to protect your rights, freedom, and future.
Call (512) 476-4626 today to schedule your free consultation.
