Misconduct involving a weapon is a very serious offense in the State of Arizona. Whether you are in Phoenix or anywhere else in the state, as per A.R.S. §13-3102, this crime can happen in a few different ways. As a result, it is in your best interest to, at your earliest convenience; contact an attorney to defend you as the charges are brought against you by the state. You will also begin to learn specific details of your case and can effectively build a solid defense.
In most cases, misconduct involving a weapon will be charged to an individual who knowingly carries a deadly weapon into a restricted area such as an airport or courthouse. Misconduct involving a gun can involve just about any felony offense and can be charged when the person fails to respond to a police officer when they are asked if they are carrying a concealed weapon or if they are doing so when they are under the age of 21. People are more heavily charged if they happen to be a former convicted felon who has been prohibited from owning a weapon and are found possessing one.
The person can be charged with misconduct involving a gun if he or she is found to have been selling, supplying or providing the gun to another individual with the intent of committing a felony. However, the most serious crime involving weapons in this regard is when the gun discharges at an area that is heavily occupied or for the purposes of furthering activities of a street gang, racketeering an enterprise or using a deadly weapon so as to carry out an act of terrorism.
Punishment for Misconduct Involving a Weapon
Punishment for misconduct involving a gun can range in severity from considerably light to much more serious with a heftier prison sentence. If an act of terrorism is suspected, it is labeled as a class two felony that can carry probation with zero to up to one year in jail or a prison sentence of three to 12 and a half years. If the individual has a prior conviction, prison will be served and the term can range from four and a half to 23 and one quarter years. With two prior convictions, the prison term will last from 10 and a half to 35 years.
In the case of a “walk by shooting” at an occupied place, it is considered a class three felony. This can carry a punishment of probation with zero days to one year of jail time and a prison term of two to eight and three quarter years. The prison sentence increases to 3.5 to 16 and one quarter years with a former conviction and to seven and a half to 25 years with two former convictions.
It is a class four felony if the accused is found to be selling or manufacturing weapons, with a sentence of probation and zero days to one year in jail and prison of one to three and three quarter years. If the person is a “prohibited possessor”, then this class four felony with a prior conviction, carries a minimum sentence of two and a quarter to seven and a half years in prison. With two prior convictions, the sentence is a term of six to 15 years in prison.
Possessing a sawed off weapon is a class six felony. Punishment can be probation with zero days to one year in jail and prison time from four months to two years. When a public event or establishment is involved, it is a class one misdemeanor that involves a maximum of six months in jail and a $2,500 fine with an additional 84 percent surcharge.
If you are accused of this crime, you will have to immediately seek the services of a skilled defense attorney who can help you. There are several different ways to defend you from these charges. One defense is that the person didn’t realize the gun was with them. Other common defenses involve the violation of the Miranda Rights and denial of counsel. To schedule a free case consultation, please call DM Cantor at (602) 737-2812. We can be reached 24 hours a day by calling our offices or by using our confidential email form.