Phoenix Weapons Crime Lawyer

Misconduct Involving Weapons in Arizona Law

Any charge involving weapons or firearms can substantially affect your criminal case. Some weapons charges are crimes in and of themselves, while others work as allegations or enhancements to already existing charges. Even a misdemeanor weapons charge can be a serious legal problem. It goes without saying that having a weapon during the commission of another offense substantially increases the severity of the charge and potential punishment.

Contact the experienced Phoenix Misconduct Involving Weapons defense attorneys at MayesTelles PLLC today at 602-428-7104 to discuss your case.

Definitions

When looking at Arizona laws regarding weapons offenses and Misconduct Involving Weapons, it is important to understand some legal definitions.

  • A prohibited weapon includes any weapon that is illegal to possess in the State of Arizona. These include but are not limited to short barrel (sawed-off) shotguns, grenades, bombs, rockets, and believe it or not, nunchaku (nun chucks).
  • A deadly weapon is any weapon that is designed for lethal use. This includes but is not limited to firearms.
  • A firearm is any loaded or unleaded gun, pistol, rifle, shotgun, or other device that is specifically designed to expel a projectile.
  • A prohibited possessor includes but is not limited to:
    • Those who have been convicted of a felony offense and have not had their rights restored
    • Those who are serving a term of probation as a result of a conviction for a domestic violence offense or felony offense
    • Those who are undocumented alien or nonimmigrant alien

Laws and Penalties

Misconduct Involving Weapons – Class 1 Misdemeanor

There are several ways you can be charged with Misconduct Involving Weapons as a Class 1 Misdemeanor. These offenses are punishable by up to 6 months in jail plus probation and fines of up to $2,500.00

  • Carrying a concealed weapon into certain public places
  • Carrying a deadly weapon into an election polling place on the day of any election
  • Carrying a deadly weapon onto school grounds
  • Carrying a deadly weapon onto public premises or to an event when the establishment or sponsor of the event has restricted weapons
  • Failing to accurately answer a police officer when asked if carrying a concealed deadly weapon

Misconduct Involving Weapons – Class 6 Felony

There are several ways you can be charged with Misconduct Involving Weapons as a Class 6 Felony. These offenses are punishable by up to 2 years in prison, up to 3 years of supervised probation, and a fine of up to $150,000.00 plus surcharges

  • Carrying a deadly weapon on your person or in your vehicle in furtherance of a serious offense, violent crime, or other felony offense
  • Selling or transferring a deadly weapon to a prohibited possessor
  • Defacing a deadly weapon
  • Possessing a defaced deadly weapon knowing the deadly weapon was defaced

Misconduct Involving Weapons – Class 4 Felony

There are several ways you can be charged with Misconduct Involving Weapons as a Class 4 Felony. These offenses are punishable by up to 3.75 years in prison, up to 4 years of supervised probation, and a fine of up to $150,000.00 plus surcharges

  • Manufacturing, possessing, transporting, selling or transferring a prohibited weapon
  • Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor (see above)
  • Possessing a deadly weapon in the commission of a felony drug related offense

Misconduct Involving Weapons – Class 3 Felony

There are several ways you can be charged with Misconduct Involving Weapons as a Class 3 Felony. These offenses are punishable by up to 8.75 years in prison, up to 5 years of supervised probation, and a fine of up to $150,000.00 plus surcharges

  • Discharging a firearm in an occupied area with intent to further gang activity
  • Selling or giving a firearm to another person knowing they are going to use it during the commission of a felony

Sentencing Enhancement

If you are charged with possessing or using a deadly weapon during the commission of a crime it can substantially increase the potential punishment for that offense. Many times an allegation like this will make an offense prison mandatory or raise the sentencing range, sometimes to include a flat-time sentence. The burden is on the State to prove every element of every offense, including knowledge and intent – an element that is not always easy for the State to prove.

A felony conviction will lead to restrictions on your ability to legally possess a weapon for a substantial period of time. When your freedom is at stake, make sure you have the best chance of obtaining a dismissal, acquittal, or reduction of charges by choosing someone who will fight to protect your rights and advocate your interests.

The experienced and knowledgeable Misconduct Involving Weapons defense attorneys at MayesTelles PLLC are here to help you. Call (602) 428-7104 and speak with an attorney now about your case.

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      The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Viewing this information does not create an attorney-client relationship. Do not send the firm confidential information. This website is governed by the Arizona Rules of Professional Conduct.