Though Arizona’s gun laws are less restrictive than other states, most firearm offenses are felonies in Arizona, with severe potential penalties that include prison terms, probation, and fines.
Even non-violent activities like unlawful gun possession can lead to serious consequences.
If you have been charged with a gun crime, you need to have legal protection from an experienced and effective defense attorney.
In the Phoenix area, we’re trusted by Arizonans for our hard-hitting legal representation. Our defense lawyer Howard Dworman has obtained numerous case dismissals, lowered charges, and acquittals. With his successful track record in handling gun crime cases, he has become an esteemed resource person at events such as the Crossroads of the West Gun Show.
Call Goldman Law today at (602) 698-5520 to protect your rights.
What Are Gun Crimes In Arizona?
There is a wide variety of weapons-related offenses under different Arizona laws. Here are some of the most common:
Disorderly Conduct With A Weapon
A person commits this offense if they knowingly and recklessly displays, handles, or discharges a firearm with intent to disturb the peace of a person, family, or neighborhood. This is a violation of ARS Section 13-2904.
Misconduct Involving Weapons
Under Arizona Revised Statutes Section 13-3102, a person commits misconduct involving weapons if they knowingly:
- Carries a concealed weapon without a permit
- Carries a concealed weapon and failing to disclose it when asked by an officer
- Possesses a firearm whose serial number is defaced or removed
- Possesses a firearm while being a convicted felon or illegal alien (both are “prohibited possessors”)
- Possesses a sawed-off shotgun whose barrel is shorter than 18 inches
- Possesses a modified machine gun, or a gun that fires more than one round per trigger pull
- Carries a firearm while committing a violent crime or drug crime.
When a deadly weapon or dangerous instrument is involved while committing assault, the offense elevates to aggravated assault. Note that while guns are common in these offenses, the weapon does not have to be a firearm. Some cases of aggravated assault have involved knives and brass knuckles.
Unlawful Discharge Of Firearms
Arizona has certain definitions as to where a citizen can legally fire a gun, such as at shooting ranges and target shooting sites. In most other areas in a city or town, it is illegal to discharge a firearm. ARS Section 13-3107 states that “A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.”
ARS Section 13-1209 specifically defines drive-by shooting as “intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.”
Penalties For Weapons Crimes In Arizona
The majority of weapons offenses in AZ are charged as felonies. They can range from Class 6 to Class 2 Felony, depending on the degree of the crime.
These are some examples of offenses and potential punishments:
- Class 6 weapon felonies include some cases of misconduct involving weapons, such as defacing a firearm or selling a firearm to a prohibited possessor. These are punishable with a maximum of 2 years in prison, a maximum of 3 years of supervised probation, and a maximum of $150,000.00 in fines plus surcharges.
- Class 4 weapon felonies are more serious charges of misconduct involving weapons, such as possessing a firearm while being a prohibited possessor, and carrying a weapon while committing a violent crime. Punishments include a maximum of 3.75 years in prison, a maximum of 4 years of supervised probation, and a maximum of $150,000.00 in fines plus surcharges.
- Class 3 weapon felony – Aggravated assault and gang-related weapons offenses often fall into this classification. Penalties include up to 8.75 years in prison, up to 5 years of supervised probation, and up to $150,000.00 in fines plus surcharges.
- Class 2 weapon felony – Drive-by shootings belong to this category, punishable with a mandatory prison sentence of up to 21 years, as well as revocation of the defendant’s driver’s license.
Defending You Against Guns Crimes or Weapons Charges
While Arizona respects gun rights, state prosecutors are serious in pursuing cases of gun crimes and unlawful weapons.
No matter what your circumstances, you could be facing harsh penalties with a far-reaching impact on your career, your social relationships, and your rights. Let a competent defense lawyer help you protect your freedom.
Here at Goldman Law, our defense attorney Howard Dworman has effectively handled Arizona gun crime cases, obtaining favorable outcomes for clients.
Our legal services include:
- Building the best defense strategies against your gun crime charge – We don’t just select from a list of legal defenses. We creatively strategize based on the specific circumstances of your case.
- Determining whether due process was followed – It doesn’t matter whether you were found with a weapon in your hand – you are still innocent until proven guilty. We closely examine the arrest and investigation to see if any violation of due process could be used as grounds to dismiss your case.
- Negotiating for much lighter charges or penalties – It is possible for some weapons-related charges to be lowered to misdemeanors.
- Guiding you to avoid costly mistakes like being uncooperative with law enforcement, making statements, admitting to things, and signing away your rights
- Communicating with you every step of the way and giving clear answers to your questions. You shouldn’t be kept waiting to hear back from your attorney.
Contact a Phoenix Weapons Crimes Defense Lawyer
The sooner you contact an attorney, the better you can protect your rights. Talk to us at Goldman Law, LLC by calling (602) 698-5520. We serve clients in Phoenix and all throughout Arizona.