Phoenix Gun Crime & Weapon Charges Defense Lawyer

Unsafe Gun Use or Possession Charges in Phoenix

For the most part, every person over the age of 21 in Phoenix has the right to possess a firearm. However, people may lose these rights under a variety of circumstances. Arizona Revised Statute § 13-3102 details misconduct involving weapons. It states that a person with a felony conviction involving drugs can never legally possess a firearm.

The same statute also prohibits:

The possession of illegal weapons, such as a sawed-off shotgun

Selling a firearm to a prohibited possessor

Firing a gun at an occupied structure to promote gang violence

The penalties under this law can range in severity from class 3 misdemeanors to class 2 felonies.

Even if a person legally possesses a firearm, they must be sure to use it responsibly. AZ Rev. Stat. § 13-3107 is the state’s law concerning the unlawful discharge of firearms. It prohibits any person from discharging a gun within the limits of a municipality while acting criminally negligent. In other words, a person cannot carelessly fire a gun within city or town limits unless they are on a gun range. This offense is a class 6 felony. A motivated attorney could help to defend people facing allegations involving the alleged illegal possession, sale, or discharge of firearms.

Firearms Often Increase the Seriousness of Other Charges

As much as Arizona law does not interfere with the rights of people to responsibly own and use firearms, it does strictly punish those woman pointing a gun who supposedly use guns in the furtherance of other crimes. Perhaps the simplest is AZ Rev. Stat. § 13-1204 that automatically upgrades any assault case to the status of “aggravated” if a gun was involved.

The presence of firearms could also be an aggravating factor in other criminal allegations, including:

Drug distribution cases

Allegations of sexual assault or other sex crimes

Burglary or robbery

Cases that involve the supposed presence of a firearm are almost always felonies. Convictions can bring multiple-year prison sentences and will require a person to surrender all guns. In the most extreme cases, convictions carry mandatory minimums or could even see a prosecutor pursue a life sentence. A competent lawyer in Phoenix could help by providing a robust defense against firearm charges.

Consequences of a Firearm Conviction

Because each state controls its weapon regulations, many charges and consequences vary depending on where the alleged crime occurred. Arizona has less harsh penalties than many other states but still explicitly sets predetermined minimum sentences for most gun offenses.

A minimum sentence is the smallest amount of time a person must stay incarcerated if convicted, without exception. Contingent on the circumstances of the crime, prison time may range from months to decades. Furthermore, felony convictions bar a person from legally purchasing or obtaining a firearm again.

Firearm crimes have severe consequences and may force the accused party into a long and complicated case. Overcoming a severe gun charge requires evidence, in-depth knowledge of the law, and a sound argument. A skilled Chandler firearm attorney could do all of these and more to defend your innocence.

Contact a Phoenix Gun Attorney Immediately

Any conviction involving a firearm will create a criminal record and could jeopardize your ability to legally own firearms in the future. The most serious cases are felonies that could bring multiple-year prison sentences. It is vital that you be prepared to contest these allegations in and out of court.

Our Phoenix gun lawyers may be able to help you. We work to ensure that you understand the law and what the prosecutor needs to prove to obtain a conviction. We can then take the lead to conduct an independent investigation and uncover the evidence needed to protect your rights. Reach out to the Law Offices of Brandon White now to our criminal defense team to learn more about how they may be able to help.