Weapon Charges Defense Attorneys

Arizona Criminal Defense Lawyers
Defending Weapons Crimes

Weapons charges in Arizona can carry significant consequences if a defendant is convicted of any of them in court. Public policy has demanded that legislators, judges and prosecutors alike pass these tougher laws and pursue convictions under them aggressively, and that’s exactly what’s been happening in Arizona in recent years. Therefore, if you face any of these charges, you need to take immediate steps to begin building a strong defense.

Below you’ll find information regarding the Arizona weapons statutes and the different classifications of offenses, a list of definitions and crimes in which Arizona weapons charges can become relevant and finally how you should proceed if you or someone you love faces these charges and needs the help of an experienced Phoenix criminal defense lawyer.

Arizona Weapons Charges and
Statutory Classifications

In general, Arizona statutes deal with weapons charges with entries that are entitled, “Misconduct Involving Weapons.” There are four different classifications for these statutes that vary in severity, and each of them is explained below along with the potential periods of incarceration that are attached to each.

Arizona Weapons Charges – Class 1 Misdemeanor

If a defendant is convicted of a Class 1 misdemeanor, he or she could face up to six months in jail. The following AZ weapons charges are classified as Class 1 misdemeanors:

1. Carrying a concealed weapon without a permit – Arizona requires a specific permit for someone to be able to carry a concealed weapon, and failure to secure this permit can lead to prosecution if a defendant is caught carrying such a weapon in this manner.
2. Carrying a deadly weapon into certain places – Arizona specifically outlaws the carrying of any deadly weapon into such places that could lead to a high degree of danger, including public places, school property or anywhere else where people will gather in groups.

Arizona Weapons Charges – Class 6 Felony

A defendant convicted of a Class 6 felony in Arizona faces up to one year in prison, and the following AZ weapons charges are classified at this level:

1. Selling or otherwise transferring – It is illegal to sell or to transer a deadly weapon to someone who is not allowed to have one, including convicted felons and others who the law prevents from possessing any sort of deadly weapon.
2. Defacing a deadly weapon – Weapons that are properly manufactured come with serial numbers, and removing these serial numbers can lead to a serious criminal charge in Arizona because it’s assumed that this weapon will be used for an illegal purpose.
3. Possessing a defaced deadly weapon – Even the act of possessing a deadly weapon is a felony in Arizona, as the law presumes that the defendant either bought the weapon from an unauthorized dealer or defaced the weapon after purchase.

Arizona Weapons Charges – Class 4 Felony

A defendant convicted of a Class 4 felony could face up to 2.5 years in prison, and below are the AZ weapons charges classified at this level:

1. Manufacturing, selling or possessing a prohibited deadly weapon – There are certain types of weapons that are illegal in any sense in Arizona, such as automatic machine guns, and any involvement with them is a serious offense.
2. Possessing a deadly weapon while prohibited from doing so – Certain types of people are not allowed to own or possess any sort of deadly weapon for many reasons, including a prior felony conviction.
3. Possessing a deadly weapon during the commission of a felony – Generally, this charge will be levied against a defendant in order to add a layer of accountability to the underlying crime for which he or she has been charged.
4. Entering a nuclear plant – It is an automatic felony for anyone to enter a nuclear facility with a deadly weapon based on obvious public safety concerns.

Arizona Weapons Charges – Class 3 Felony

A Class 3 felony conviction in AZ can include up to 3.5 years in prison, and below are the Arizona weapons charges that are classified as such:

1. Discharging a weapon in furtherance of gang activity – There are certain areas that are designated as ‘occupied’ which basically means they are known gang areas. Firing a weapon in these areas is its own crime.
2. Aiding the commission of a felony – Any defendant who transfers a weapon to someone knowing that he or she will use it to commit a felony can be arrested for this crime.
3. Terrorism – Terrorism is a somewhat ambiguous term, but this charge can be used to add to a sentence if a person is convicted of using a weapon in furtherance of this sort of effort.

How a Phoenix Criminal Defense Lawyer Can Help

Arizona also includes some definitions in the statutes that deal with AZ weapons charges that provide some discretion for authorities. For instance, a ‘deadly weapon’ in Arizona does not have to be a gun – it can be any instrument that’s designed to kill or injure, and the possession of any weapon can lead to additional charges in the commission of other crimes such as aggravated assault or attempted homicide.

Therefore, if you face this situation, you need to act now. Contact the experienced Phoenix criminal defense lawyers at David Wroblewski & Associates today to schedule an initial consultation.