Drone Charge Attorneys In Arlington, TX
Key Takeaways:
- Drone-related criminal charges in Arlington, TX, may involve unlawful surveillance or violations of federal aviation safety laws.
- Penalties vary by offense, ranging from misdemeanor fines to imprisonment for serious federal violations.
- Prosecutors must prove that you committed the alleged offense and establish criminal intent when required by law.
- Possible defenses include legally authorized flights, insufficient evidence, or violations of your constitutional rights.
- An attorney can help you challenge the allegations and protect your rights throughout the criminal proceedings.
You may have been flying a drone for a perfectly ordinary purpose when someone reported the activity to authorities. What happens next depends on why the flight raised concerns and whether your actions violated a criminal law. In Arlington, Texas, drone-related investigations may involve allegations of unlawful surveillance or operations in areas where flights are restricted. If you are accused of an offense, it is important to understand the legal basis of the allegation before deciding how to respond.
At Arlington Criminal Attorneys, we help you understand what the charge means and how it may affect you. A drone charge attorney in Arlington, TX, can review the circumstances of the accusation and determine how to contest it. Our goal is to give you clear legal guidance while preparing a defense that protects your rights throughout the proceedings.
What Drone Activities Can Result In Criminal Charges In Arlington, TX?
Flying a drone is generally legal in Arlington, but certain activities are prohibited under state and federal law. Whether a flight results in criminal charges depends on the restrictions involved and what the operator is accused of doing.
When Drone Use Violates Texas Criminal Law
Texas Government Code Chapter 423 makes certain uses of drones criminal offenses. For example, using a drone to photograph someone or privately owned property with the intent to conduct surveillance may violate state law. Criminal charges can also arise from knowingly possessing or distributing images obtained through prohibited surveillance.
Other provisions restrict drone operations over designated critical infrastructure and certain protected facilities. These laws contain exceptions, so the location and purpose of a flight can affect whether an offense occurred.
FAA Drone Violations & Potential Federal Criminal Charges
The Federal Aviation Administration (FAA) regulates drone operations, including flights in controlled airspace near airports. In Arlington, operators may need FAA authorization when flying in certain areas affected by Dallas/Fort Worth International Airport’s controlled airspace.
Violating an FAA rule can lead to civil enforcement, but criminal charges generally require conduct prohibited by a separate federal statute. For example, knowingly or recklessly interfering with an occupied aircraft and creating an imminent safety hazard is a federal crime under 18 U.S.C. § 39B. Certain violations of national defense airspace restrictions can also result in criminal prosecution.
How Serious Can A Drone Charge Become?
The penalties for drone-related offenses in Arlington vary depending on the violation. Some Texas offenses carry fines without jail time, while others can result in misdemeanor convictions and incarceration. Federal charges involving restricted airspace or aircraft safety may also carry substantially more severe penalties.
Texas Drone Law Violations & Potential Penalties
| Drone-Related Offense | Potential Penalty | Circumstances Affecting The Charge |
| Unlawful Drone Surveillance | Class C misdemeanor; fine up to $500. | Capturing images with the intent to conduct prohibited surveillance under Texas Government Code § 423.003. |
| Unlawful Possession Of Drone Images | Class C misdemeanor; fine up to $500. | Possessing images that the person captured in violation of Texas drone surveillance law. |
| Unlawful Disclosure Or Distribution Of Images | Class B misdemeanor; up to 180 days in jail and/or a $2,000 fine. | Disclosing or distributing images unlawfully captured by the person. |
| Prohibited Flights Over Sports Venues | Class B misdemeanor; up to 180 days in jail and/or a $2,000 fine. | Operating a drone over a qualifying sports venue under prohibited circumstances. |
| Prohibited Flights Over Critical Infrastructure | Class B misdemeanor; up to 180 days in jail and/or a $2,000 fine. | Operating a drone over a designated critical infrastructure facility without an applicable exception. |
| Repeat Violations Involving Protected Facilities | Class A misdemeanor; up to one year in jail and/or a $4,000 fine. | Committing another qualifying protected-facility drone offense after a prior conviction. |
Federal Drone Offenses & Potential Criminal Penalties
| Drone-Related Offense | Potential Penalty | Circumstances Affecting The Charge |
| Unauthorized Flights Near Airport Runways | Federal fine and/or imprisonment for up to one year. | Knowingly operating a drone within a covered airport’s runway exclusion zone without authorization under 18 U.S.C. § 39B. |
| Interference With Occupied Aircraft | Federal fine and/or imprisonment for up to one year. | Knowingly or recklessly interfering with an occupied aircraft and creating an imminent safety hazard under 18 U.S.C. § 39B. |
| National Defense Airspace Violations | Federal fine and/or imprisonment for up to one year. | Knowingly or willfully violating qualifying national defense airspace restrictions under 49 U.S.C. § 46307. |
| Certain Unlawful Acts Against Aircraft | Federal imprisonment for up to 20 years. | Conduct involving aircraft damage or destruction that meets the requirements of 18 U.S.C. § 32. |
What Must Prosecutors Establish In A Drone Case?
A criminal charge must be supported by evidence that satisfies the requirements of the alleged offense. In a drone case, prosecutors may need to establish who operated the aircraft and whether the flight involved conduct prohibited by law.
Proof Of Drone Operation
Prosecutors must connect the accused person to the drone activity underlying the charge. Ownership alone may not establish who was operating the aircraft at the time. Flight logs and controller records can help identify an operator, but their reliability must be considered alongside other available evidence. This becomes particularly important when several people had access to the same drone.
Evidence Of Criminal Intent In Drone-Related Offenses
Many drone offenses require proof of a particular mental state. For example, an unlawful surveillance charge under Texas law requires evidence that the operator captured images with the intent to conduct surveillance. Other offenses may require proof that someone acted knowingly or recklessly. Prosecutors must establish the mental state specified by the applicable law, which can be difficult when the operator’s purpose is disputed.
Evidence Required To Prove Alleged Drone Violations
The prosecution must also establish that the activity violated the specific restriction identified in the charge. If the allegation concerns a prohibited flight over a protected facility, evidence must show that the drone entered an area covered by the law.
Legal Defenses A Drone Charge Attorney In Arlington May Use
A drone-related charge may be challenged when the operation was legally permitted, or the prosecution cannot establish the required elements of the offense. Potential defenses include:
- Statutory Exceptions & Authorized Operations – Some drone activities are permitted under Texas law or with FAA authorization. Proof of an applicable exception or approval may support your defense.
- Lack of Required Criminal Intent – An equipment malfunction or accidental flight deviation may help challenge allegations that you acted knowingly or recklessly.
- Mistaken Identity – Owning a drone does not necessarily mean you operated it. Prosecutors must establish your involvement in the alleged offense.
- Incorrect Flight Location – Flight records may show that the drone never entered the prohibited area or that the restriction did not apply.
- Insufficient Evidence of Aircraft Interference – Certain federal charges require proof of an imminent safety hazard. Flying near an aircraft alone may not satisfy that requirement.
- Constitutional Violations – Evidence obtained through an unlawful search or seizure may be excluded from criminal proceedings.
The appropriate defense depends on the charge and the evidence supporting it. A defense law firm handling drone charges in Arlington, TX, can help identify weaknesses in the allegations and determine which arguments may be raised in court.
Speak With Our Team At Arlington Criminal Attorneys About Drone Cases
Facing a drone-related charge can raise questions about your legal rights and the possible consequences of a conviction. Having a lawyer involved early allows you to address the allegations before making decisions that could affect your defense. At Arlington Criminal Attorneys, we take the time to understand your situation and help you prepare for court so you know what to expect as the proceedings develop.
Our team works to protect your interests by examining the prosecution’s case and pursuing legal options that may lead to a favorable resolution. Whether you are under investigation or have already been charged, we can provide the representation you need to address the allegations. Contact Arlington Criminal Attorneys to speak with an Arlington drone charge attorney about your next steps.
FAQs About Drone Charges In Texas
Can I Be Charged For Flying A Drone Over Someone's Property?
Flying over private property does not automatically constitute a crime in Texas. However, using a drone to capture images with the intent to conduct prohibited surveillance may lead to criminal charges.
