Tamou Law Group, one of the leading criminal law firms in Arizona, is experienced in defending individuals charged with misconduct involving weapons. Our experienced team of attorneys is well-versed in navigating the complex statutes, potential consequences, and sentencing guidelines tied to these serious charges. Facing charges of misconduct involving weapons in Arizona is an incredibly serious situation, given the stringent laws and severe potential penalties. These offenses encompass a wide range of activities, all carrying their own intricacies and potential legal repercussions. We’ll unravel these complexities and shed light on the gravity of these charges. Rest assured, Tamou Law Group recognizes the magnitude of these allegations and is equipped to mount a robust defense, protecting your rights and freedom.
Misconduct Involving Weapons - Felony Gun Charges in Arizona
Unpacking Misconduct Involving Weapons Charges in Arizona
Weapons misconduct is a diverse category of offenses, with the unifying thread being the illegal use, possession, or distribution of firearms or other weapons. Unlawful activities could range from unauthorized discharge of firearms to carrying a weapon in prohibited spaces, or possession by an individual legally barred from owning a weapon. All these fall under the broad umbrella of the Arizona Revised Statute 13-3102.
The Statute in Detail: ARS 13-3102
ARS 13-3102, the primary law governing misconduct involving weapons, enumerates a wide range of unlawful activities related to weapons. The activities defined in this statute include:
- Carrying a deadly weapon, except a pocket knife, concealed on one’s person or within immediate control while in or on a means of transportation.
- Carrying a deadly weapon while being a prohibited possessor and not having your rights restored.
- Manufacturing, possessing, selling, or transferring a prohibited weapon.
- Defacing a deadly weapon, or possessing a defaced deadly weapon knowing it to be defaced.
For the complete statute, please refer to the official text of Arizona Revised Statute 13-3102. If you want more information about these charges, you can also see our blog titled: Day 26: the Gravity of Gun Laws: Misconduct Involving Weapons in Arizona.
Potential Consequences
The legal repercussions of a misconduct involving weapons charge can be severe in Arizona. Depending on the specifics of the case, an individual could be charged with a Class 3 felony, leading to severe penalties, which could include:
- Imprisonment
- Substantial fines
- Probation
- A lasting criminal record
These penalties can significantly impact your personal and professional life, making it crucial to have an experienced legal team on your side.
Sentencing Guidelines for Felony Gun Charges in Arizona
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The sentencing guidelines for misconduct involving weapons in Arizona depend on several factors, including the specifics of the offense, the defendant’s criminal history, and the existence of any aggravating factors. Each case’s unique circumstances may lead to different outcomes.
First Time Felony Offenders: (Class 4 Felony)
- Minimum sentence: 1 year
- Presumptive sentence: 2.5 years
- Maximum sentence: 3.75 years
Second-Time Felony Offenders (Class 4 Felony)
- Minimum sentence: 2.25 years
- Presumptive sentence: 5.25 years
- Maximum sentence: 7.5 years
Third-time Felony Offenders (Class 4 Felony)
- Minimum sentence: 6 years
- Presumptive sentence: 10 years
- Maximum sentence: 15 years
How We Can Help - Building a Robust Defense Against Gun Charges in Arizona
Below are some of the most common strategies we employ, though we emphasize that each case may require a different approach or combination of approaches:
- Challenging the Legality of the Search and Seizure: This involves questioning the methods used by law enforcement to obtain the weapon. If they violated your constitutional rights, we could potentially have the evidence excluded from the case.
- Disputing Constructive Possession: If the weapon was not found directly on your person, we could argue that you were not in possession of it. Constructive possession requires that you had knowledge and control over the weapon, which might not always be straightforward to prove.
- Questioning the Status of the Weapon: Not all objects qualify as ‘deadly weapons’ under the law. We might be able to argue that the object in question does not meet this standard.
- Arguing Lack of Intent: If the prosecution cannot prove beyond a reasonable doubt that you intended to use the weapon unlawfully, this could form a key part of your defense.
- Presenting Mitigating Circumstances: Circumstances like self-defense, defense of others, or necessity can sometimes serve to mitigate the charges. We carefully examine the context of your case to see if such defenses apply.
- Challenging the ‘Prohibited Possessor’ Status: We can question the validity of the prohibited possessor status if you were charged based on being a felon in possession of a weapon.
Our long-standing history of successfully handling hundreds of misconduct involving weapons charges has provided us with the extensive experience and knowledge necessary to build a robust defense. We review every aspect of the case, from the arrest to the collection of evidence, to identify any potential violations or weaknesses in the prosecution’s claims.
Speak with a Lawyer Experienced in Weapons Misconduct in Arizona
At Tamou Law Group, we don’t just represent you; we stand by you. With our depth of understanding of Arizona’s criminal law, our substantial experience, and our unwavering dedication, we offer top-tier legal defense against charges of misconduct involving weapons. When the weight of the law is heavy, you need a ‘criminal law firm in Arizona’ ready to fight tooth and nail for your rights.
Don’t navigate this challenging time alone. Reach out to Tamou Law Group today for a free consultation on your case. Let’s face these charges together, and work towards the best possible outcome for your situation. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today at 623-321-4699 to schedule a consultation and learn more about how we can help with your gun charges case.
