Read This If You’re Facing Weapons Misconduct Charges In Phoenix, Arizona

Carrying a weapon may make you feel safer, but it can result in serious jail time if done in such an irresponsible way that the state deems it weapons misconduct under Arizona weapon offense laws. It also isn’t uncommon for someone to be charged with weapons misconduct in addition to a variety of other criminal offenses. Weapons misconduct can be charged at any level from a class 3 misdemeanor to a class 2 felony. While a felony conviction bears more serious consequences than a misdemeanor, either can permanently change the course of the defendant’s life if convicted. The best way to minimize how much weapons misconduct allegations damage your life is by retaining a skilled criminal defender. Our firm is staffed by passionate defense attorneys offering competitive rates and free case evaluations by phone. Schedule your free consultation with My AZ Criminal Defense today at 480-833-8000 for more information. 

How Can a Person Commit Weapons Misconduct In Arizona?

Arizona sets forth several definitions of weapons misconduct under A.R.S. § 13-3102. Most of these definitions apply to any deadly weapon, or any item designed for lethal use, excluding pocket knives. But some of the definitions specifically apply to firearms and explosives. Some of the ways a person can commit weapons misconduct under Arizona law include:

• Defacing or possessing a defaced deadly weapon: In a criminal investigation surrounding an attack with a weapon, the weapon itself is one of the most important pieces of evidence. Some criminal defendants destroy their weapons after committing crimes to avoid prosecution. Therefore, destruction of a weapon, or being caught with a destroyed weapon, is a criminal offense itself in Arizona. 
• Prohibited areas: It is a crime to bring a firearm to a school or a nuclear plant in Arizona. It is also a criminal offense to fail to leave a public event or temporarily surrender a firearm if requested by the event operator. 
• Prohibited possessors: It is a crime to possess a deadly weapon as a prohibited possessor, as well as to sell or transfer a deadly weapon to a prohibited possessor. Arizona’s definition of a prohibited possessor can be found in A.R.S. § 13-3101. Some of these include convicted felons, undocumented immigrants, and defendants who have been found guilty but insane. 
• Crimes and gang activity: Carrying a deadly weapon while committing a dangerous crime or serious offense is a criminal offense in addition to the original crime. It is illegal to sell or transfer a firearm to another person with knowledge that the person may use the firearm to commit a felony. It is also illegal to fail to report a deadly weapon on one’s person if asked by a police officer if they are carrying a deadly weapon. Some of the most serious weapons misconduct cases stem from using or supplying deadly weapons for acts of terrorism. 
• Minor possessing a deadly weapon: It is considered weapons misconduct for any person under 21 years of age to carry a concealed deadly weapon. A.R.S. § 13-3111 makes it a separate crime for a minor under 18 years of age to carry a firearm outside of the home without adult supervision. 

What Are The Penalties For a Weapons Misconduct Conviction? 

There are sixteen statutory definitions of weapons misconduct, and different definitions can be charged at much different levels of criminal offenses. In Arizona, weapons misconduct can be charged as a class 2, 3, 4, or 6 felony and a class 1 or 3 misdemeanor. If the defendant has a prior criminal record, their penalties can be bumped up to the next highest criminal offense. The incarceration periods for felony weapons misconduct varies from 4 months to 12.5 years per A.R.S. § 13-702. The sentencing guidelines for misdemeanor offenses in Arizona can be found in A.R.S. § 13-707, and the fines in A.R.S. § 13-802.  

Some defendants have lighter jail sentences but are ordered to complete parole or probation. Parole is early release from incarceration, while probation is monitoring by a law enforcement official in lieu of jail time. While clearly preferable to time spent behind bars, many find the rules of parole and probation restrictive, and there are steep penalties for violating them. 

There are other penalties accompanying a weapons misconduct conviction that the defendant may find quite burdensome. The judge will typically order the defendant to pay a hefty fine, but the defendant could also be ordered to pay restitution to any of their crime’s victims. Most criminal defendants are ordered to complete several hours of community service after conviction. A defendant could also be ordered to complete classes, such as parenting courses or anger management. 

Defenses Against Weapons Misconduct Charges

It’s important to take swift action when forming a legal strategy against weapons misconduct charges in Arizona. The defendant isn’t limited to just one while defending their legal rights to avoid conviction. A key defense in weapons misconduct cases in Arizona hinges on the intentional and knowing element. For many of the statutory definitions of weapons misconduct, the prosecution must prove the defendant had knowledge or intention of what they did. For example, a person charged with weapons misconduct after selling a weapon to a prohibited possessor might claim they had no reason to know the buyer was a prohibited possessor. This may be true, but if the seller were required by law to verify the buyer’s identification before selling a weapon, it would weaken their defense against weapons misconduct charges. 

Several defenses against a litany of criminal charges are rooted in the U.S. Constitution. The Fourth Amendment outlaws unreasonable searches and seizures, which has, over time, grown into extensive case law regarding criminal investigations and arrests. For example, police officers generally must have reasonable suspicion to investigate someone for a crime, and that standard rises to probable cause to place a suspect under arrest. A skilled defense attorney can utilize evidence to demonstrate if their client’s constitutional rights have been violated, which could be leverage for reduced charges or even result in them being dropped. 

Sometimes, the evidence against a defendant is overwhelming, and the defense becomes more about mitigating penalties than proving innocence. In these situations, defense counsel may want to attempt to negotiate a plea bargain. In a plea bargain, the defendant admits to their crimes to spare the time and expense of trial in exchange for some benefit, usually lower-level charges or penalties on the low end of the sentencing range. A defendant should have an in-depth cost and benefits analysis of any offered plea bargains with their defense counsel. 

Don’t Let The Legal System Get The Best Of You Schedule Your Free Consultation With My AZ Criminal Defense Today

A weapons misconduct charge on its own- especially a felony weapons misconduct charge- can carry heavy penalties and serious jail time. Weapons misconduct can also be an accompanying charge to an even more serious criminal offense. Either way, the defendant needs to enter their prosecution with confidence in their choice of legal counsel. If you want to check out your options besides a court-appointed attorney, our team makes it convenient and affordable to learn more about the best defense strategies for your case. Schedule your free consultation with My AZ Criminal Defense today by calling 480-833-8000