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Gun Crime & Weapon Charges Defense Lawyer in Gilbert, AZ
Even responsible gun owners in Arizona can find themselves in a legal mishap if they fail to follow the law governing firearms and searching for attorneys for gun charges. Even minor, non-violent crimes could carry hefty penalties and jail time. In some instances, a conviction may lose your right to purchase and own firearms so you will need a great firearms defense attorney.
Understanding Gun Laws in Arizona
Under Arizona CCW law, the possession of certain types of weapons, such as rifles or shotguns with shorter barrel lengths, is illegal in Arizona even if you have no prior felony convictions. With many types of gun charges, especially if you are a prohibited possessor, you may be charged with a crime for the possession of a gun until your civil rights are restored.
Five Common Gun Crimes in Arizona
Unlawful Discharge of a Firearm
The crime of “Unlawful Discharge of Firearms,” defined in A.R.S. § 13-3107, is a class 6 felony offense in Arizona and is often charged as a dangerous offense, which can make prison time mandatory even for a first-time offender.
Misconduct Involving a Weapon
The crime of “Misconduct Involving Weapons,” defined in A.R.S. § 13-3102, is a serious crime in Arizona and is usually charged as a felony offense for the illegal possession of a deadly weapon. There are 17 different types of misconduct involving weapon (or MIW) charges. However, the charge seen most often is for possession of a deadly weapon by a “prohibited possessor.” This crime is a class 4 felony and can lead to prison time if convicted.
Disorderly Conduct with a Weapon
As stated in Arizona Revised Statutes Section 13-2904, a person commits disorderly conduct if he or she knowingly and recklessly handles, displays, or discharges a firearm with intent to disturb the peace or quiet of a neighborhood, family, or person. This offense is charged as a class six felony.
Displaying a Firearm Change to Drive-By Shootings
Under Arizona Revised Statutes Section 13-1209, the offense of drive-by shooting is committed when a person intentionally discharges a firearm from a motor vehicle at a person, occupied vehicle, or occupied structure. Drive-by shooting is a class two felony that carries a mandatory prison sentence of seven to 21 years. The defendant’s driver’s license will also be revoked for one to five years.
Aggravated Assault with a Deadly Weapon
A person commits aggravated assault if he or she commits assault using a deadly weapon or dangerous instrument. Aggravated assault using a firearm is a class three dangerous felony carrying a mandatory prison sentence of five to 15 years, with no possibility of probation.
What Weapons & Firearms are Illegal in Arizona
According to AZ firearms prohibition laws, a dangerous or deadly weapon can be defined as anything designed for lethal use. Common items such as knives and guns may be classified under this definition, but the law also includes items such as baseball bats or automobiles.
Furthermore, any weapons charge that results in a serious injury to another person will have significantly increased sentencing range. Getting an experienced Arizona criminal attorney to represent you and build up the best defense for your case is the first thing you must do.
These are some of the types of AZ Firearms that are prohibited in Arizona and classified as deadly weapons.
- A rifle with a barrel length of less than 16inches
- A shotgun with a barrel length of fewer than 18 inches
- A firearm made from a rifle or shotgun and that, as modified, has an overall length of fewer than 26 inches
- Nunchaku (“nun-chuks”)
- Automatic weapons
- Bombs (including dry ice bombs or dry ice bullets), grenades, propelled rockets, explosive mines, and improvised explosive devices)
- Chemical or combination of chemicals
- A breakable container containing flammable liquid that has a flashpoint of 150 degrees.
Contact a Gilbert Gun Charge Lawyer Today for a Free Consultation
Weapon crimes carry heavy penalties that can impact your ability to own a firearm and every aspect of your life. If you face a firearm-related accusation, you need to start building a defense immediately. Contact our office today to speak with a Gilbert firearm lawyer ready to talk with you about your case.
Phoenix Firearms Crimes Penalties & Consequences
You face harsh punishments if you are convicted of a gun offense in Arizona—even if this is your first criminal conviction. Many of these crimes carry mandatory prison sentences. If arrested and later convicted for gun charges, the punishments will be:
- Class 2 felony. If you are convicted of a Class 2 felony, you would be sentenced to a mandatory prison sentence of 7 to 21 years and revocation of your driver’s license for 1 to 5 years.
- Class 3 felony. Class 3 felonies are punished by a mandatory prison sentence of 5 to 15 years.
- Class 4 felony. You could be incarcerated in prison for 4 to 8 years.
- Class 6 felony. The sentence for a Class 6 felony includes a mandatory prison sentence of 1 to 3 years.
In addition to incarceration, you could be ordered to pay a fine of up to $150,000 if you are convicted of one of these felony firearm allegations. You will also face the long-term consequences of having a permanent criminal record that can affect your ability to obtain a job, housing, education, and more. If you find yourself with an AZ gun arrest you will need an experienced attorney such as The Law Office of Brandon White.
Possible Defenses For Those Charged with Gun & Weapon Offenses
Depending on the circumstances surrounding the weapons and firearms charge in question, a person could be facing up to 21 years in prison if they are convicted of a crime involving guns. An experienced Phoenix criminal defense lawyer will be able to investigate every aspect of the alleged weapons charge and formulate a solid defense strategy. Some of the possible defenses that could be used by your firearm defense attorney in these weapon crime cases include the following:
- There was insufficient evidence to prove the charges
- That law enforcement authorities did not properly conduct their investigation
- That the person charged did not have the intention of committing the crime
- The case was related to self-defense
LET’S WORK TOGETHER
Why We Are The Best 2nd Amendment Rights Attorneys in Gilbert, Arizona?
As a former DPS Officer, Brandon White leads a team that brings critical experience in defending weapons and firearms charges and protecting your gun rights in Arizona. We know how seriously and devastating a Phoenix, Arizona criminal investigation, prosecution and/or a conviction will be involving gun charges whether it be for gun possession or other gun crimes. Of course you are looking for the best gun defense lawyer you can afford in Arizona and a team that is available for you and your family when you need them the most.
Founded by a former Arizona State Police officer
Personalized approach with excellent client experience
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Thousands of happy clients
TESTIMONIALS
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I just had a telephone consultation with Mr. White and he took the time to explain to me every option I had to resolve a photo radar ticket I recieved in Mesa. I would not hesitate to recommend him to anyone seeking legal advice. Thanks again Brandon, I appreciate the honesty and clear communication we had.
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The whole staff at Brandon White is to be commended……They were thorough with my Traffic Case and kept in touch , communicating the possible outcomes and strategies. I would recommend them to anyone that needs legal help in a Traffic Civil or Criminal situation.
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Brandon reached out to me without expectations or any obligation to help with an issue I had. I appreciate the genuine kindness. Good stuff.
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The team of Brandon White is a wonderful team. They help my husband a lot and solve all the problems about the traffice case. Every member is so nice and patient. Our English are not good . They explain everything for us and send emails to tell us in detail. I really, really appreciate them and the price is cheap and fine. And no more other fees. Thank you very much!
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I’m Extremely satisfied with Brandon white and his team I’m from California and got a traffic ticket in Arizona they took care of everything and were able to get my ticket dismissed Great people and very helpful.
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Contact Gun Crime Lawyers Near You Today
If you are or a family member is facing firearm charges in Phoenix or coming to terms with an arrest or incarceration for firearm crimes, pending bail, action is required. Contact our office today.
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FAQ
Where am I prohibited from carrying a weapon?
Arizona law prohibits both the open and concealed carry of firearms in certain locations. With some exceptions, these prohibited locations include (but are not limited to):
Airports past the security checkpoint
Polling places on election day
Jails, prisons, and juvenile halls
Hydroelectric or nuclear power generating stations
K-12 schools and grounds
Public colleges or universities where the governing board prohibited guns
Private establishments or private property where the owner – or someone with lawful control over the premises – gives reasonable notice that gun are forbidden
Federal buildings
Carrying a gun in a prohibited place can be a misdemeanor or a felony offense depending on the location. It does not matter if the person is carrying the gun for self-defense.