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Phoenix Weapon Charges Lawyer

Phoenix Weapon Charges Lawyer

Have you been charged with a firearm offense or another weapon-related crime? Orent Law Offices has Phoenix Weapon Charges Lawyers representing clients facing weapon offenses including assault with a deadly weapon and unlawful possession of a firearm. Contact us at (480) 656-7301 to schedule your free case review.

Weapon charges are treated very seriously. A conviction carries stiff penalties that can include long mandatory prison sentences. You deserve to have a skilled and experienced attorney to handle your case and fight for your freedom.

How Orent Law Offices Can Help if You’re Arrested for a Weapons Charge in Phoenix, AZ

criminal defense lawyerWhen you are facing the loss of your freedom due to a criminal weapons charge, you deserve experienced legal representation to help you fight the charge you are facing. Orent Law Offices is here to give you the vigorous defense you need.

Founding attorney Craig Orent is a Phoenix criminal attorney with more than 33 years of experience. Orent is a Certified Criminal Law Specialist and a Top 100 Trial Lawyer who will put his decades of experience to work on your behalf.

Choose Orent Law Offices to represent you and we will:

  • Perform a careful investigation into your case
  • Look for exculpatory evidence to build your defense
  • Offer sound legal advice at every stage
  • Work with experts in many fields to interpret and challenge evidence against you
  • Negotiate with the prosecution to seek a satisfactory plea deal or a reduction of your charge
  • Take your case to court to fight for your freedom

Orent Law Offices is committed to giving you the best legal defense possible. Contact our law firm in Phoenix, Arizona to schedule your free consultation with a passionate Phoenix weapon charges lawyer who can help.

Overview of Weapon Charges in Arizona

Arizona Revised Statutes 13-3102 is Arizona’s primary weapons statute. This statute covers a broad range of offenses involving misconduct involving weapons.

This law makes the following types of conduct illegal.

  • Failure to provide notice that you have a firearm if stopped and asked by police.
  • Having a deadly weapon in a vehicle or on your person with the intent to commit a crime.
  • Having a concealed weapon under the age of 21.
  • Manufacture, possession, transfer, or sale of a prohibited weapon. This includes fully automatic firearms, suppressors or silencers, bombs, grenades, and IEDs.
  • Possession of a weapon by a prohibited person.
  • Selling a weapon to a prohibited possessor.
  • Defacing a deadly weapon or possessing a defaced deadly weapon.
  • Discharging a firearm at an occupied property (drive-by shooting).
  • Carrying a deadly weapon at a polling place, school, or power facility.
  • Failing to remove a firearm after a lawful request. This typically involves private and public events.
  • Giving a deadly weapon for use in the commission of a crime.
  • Use of weapons in terrorism.
  • Use of weapons to further the interests of a criminal organization or street gang.

Among these offenses, possession by prohibited possessors is the most common.

Note that Phoenix weapons charges are frequently combined with other criminal offenses such as burglary or aggravated assault.

Possession of a Firearm by a Prohibited Possessor

There is a prohibited possessor law in Arizona that makes possessing a firearm a serious crime for certain groups of people.

A prohibited possessor is anyone who:

  • Has been convicted of a felony and whose civil right to own a firearm hasn’t been restored. This includes convicted felons in any state, not just Arizona.
  • Has been found to be a danger to themselves or others or has acute or persistent disability under ARS Section 36-540 and whose right to own a firearm has not been restored
  • Is serving time in a detention or correctional facility
  • Is serving probation for domestic violence or a felony offense, house arrest, parole, or community supervision
  • Is an undocumented alien or non-immigrant alien with or without documentation. There are exceptions including some diplomats and those with a valid hunting license.
  • Has been found incompetent under Arizona’s criminal procedure rules

A prohibited possessor charge is a Class 4 felony in Arizona.

Unlawful Discharge of a Firearm

Under ARS Section 13-3107, criminal negligence occurs when someone discharges a firearm within or into the limits of a city. This is a Class 6 felony. Exceptions including legal wildlife hunting, self-defense, and supervised ranges. There are other exceptions for legally discharging a firearm within city limits.

Firearm Parole & Probation Violations

Probation or parole in Phoenix can come with many restrictions. In addition to curfews, restrictions on alcohol consumption, and random home and drug tests, you may be restricted from owning a firearm.

Being in possession of a firearm while on probation is considered possession by a prohibited possessor, a Class 4 felony. When someone is charged with probation violation, they also face arrest and probation may be revoked. This can come with jail or prison time.

Assault with a Deadly Weapon

Assault with a deadly weapon is a form of aggravated assault, a Class 3 felony. When the offense involves a victim under 15 or a police officer, it becomes a Class 2 felony. Aggravated assault that results in death is a Class 1 felony.

What Are the Penalties for Weapon Charges in Phoenix, Arizona?

Weapons charges range from Class 3 misdemeanors all the way up to Class 1 felonies in Arizona. The penalties you will face depend on the classification of the offense.

Penalties for Felony Weapons Offenses

If you are convicted of a felony weapons crime in Phoenix, you face the following penalties.

  • Class 2 felony: presumptive sentence of 5 years in prison. This felony class includes terrorism involving a weapon and assault against a child or police officer with a deadly weapon.
  • Class 3 felony: presumptive sentence of 3.5 years in prison. This felony class includes drive-by shootings, giving someone a weapon to commit a felony, and gang-related activity with a weapon.
  • Class 4 felony: presumptive sentence of 2.5 years in prison. This felony class includes using a weapon while committing a felony and prohibited possessors with a deadly weapon.
  • Class 6 felony: presumptive sentence of 1 year in prison. This class includes selling a weapon to a prohibited possessor and having a concealed weapon in a vehicle while committing a crime.

Of these offenses, the most common is being a prohibited possessor with a deadly weapon, a Class 4 felony.

In addition to a lengthy prison sentence, you may face fines of up to $150,000.

Penalties for Misdemeanor Weapons Charges

A Class 1 misdemeanor is punishable by up to 6 months in jail. Failing to notify law enforcement of a weapon or bringing a weapon to a polling place or school are Class 1 misdemeanors.

If you are charged with a Class 3 misdemeanor, you face up to 30 days in jail. Being under 21 with a concealed weapon is a Class 3 misdemeanor.

Remember that even misdemeanor weapons offenses can have life-changing consequences beyond jail time.

What Defenses Are Available if I’m Charged with a Weapons Offense in Arizona?

While you may feel hopeless when facing a serious gun crime or other criminal charge involving weapons in Arizona, there are defenses available. At Orent Law Offices, we may recommend any of the following defenses.

  • You lacked knowledge. A charge of misconduct involving weapons requires knowledge of the proximity or existence of the weapon. You may be charged with a weapons offense when you did not know the weapon existed. This may be the case if you were a passenger in someone else’s vehicle when they were pulled over and their car was searched, for example.
  • You were not in actual possession of the firearm. Possession means you had the ability to exercise control of the weapon. If the weapon was found in a roommate’s room, for example, you did not have actual possession.
  • Statutory exclusions apply. Arizona weapons statutes allow for many exceptions to prohibited rules.
  • Your legal rights were violated. We will investigate your case to determine if your rights were violated and evidence against you should be excluded.
  • Evidentiary challenges may be a valid defense strategy. We work with specialists to challenge the prosecution’s evidence such as fingerprint analysis, photo line-ups, and gunshot residue.

Depending on the circumstances of your case, other defenses may be available.

Schedule a Free Case Evaluation with Our Phoenix Weapon Charges Lawyer

Facing a serious weapons charge in Phoenix? You do not need to fight this charge alone. A Phoenix weapon charges lawyer at Orent Law Offices will fight on your behalf to protect your rights and seek the best possible outcome of your case.

Contact our law office today to schedule your free case review. We will discuss possible defense strategies and how we think your case will proceed.