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Weapons Misconduct Charges In Arizona

It isn’t uncommon for a person to feel safer with a weapon besides their bare hands for self-protection, whether that’s in their home, in their car, or on their person. But there are many rules surrounding when and how a person can carry a deadly weapon. A defendant can face serious consequences for failing to abide by these rules, or even due to false allegations. The best way to fight back against these charges is by retaining defense counsel you have confidence in and utilizing every legal strategy for your case possible. My AZ Lawyers is staffed by skilled Arizona legal defenders who offer competitive rates and convenient and free consultations by phone. Get scheduled today by calling 480-470-1504.

How Can Weapons Misconduct Be Committed In Arizona?

Arizona’s law regarding weapons misconduct is A.R.S. § 13-3102. There are sixteen definitions of weapons misconduct under Arizona law. They can be charged at different levels of felony and misdemeanor offenses, the key for which you can find below.

Carrying a deadly weapon while committing a crime΅, or failing to report the weapon when asked by a law enforcement officer˜
Carrying a concealed deadly weapon if the person is younger than 21 years old˙
Manufacturing, possessing, transporting, selling, or transferring a prohibited weapon˚
Possessing a deadly or prohibited weapon if such person is a prohibited possessor (e.g., convicted felon, defendant in a restraining order)˚
Selling or transferring a deadly weapon to a prohibited possessor΅
Defacing a deadly weapon (e.g., destroying a weapon after committing a murder)΅
Possessing a defaced deadly weapon knowing that it was defaced΅
Using or possessing a deadly weapon during the commission of a felony listed in Chapter 34 of Title 13 (drug offenses)˚
Discharging a firearm at an occupied structure to further gang activity or a criminal syndicate^
Carrying a deadly weapon at a public event and refusing to leave the deadly weapon with the event’s operator if requested˜
Entering a polling place on an election day carrying a deadly weapon˜
Possessing a deadly weapon on school grounds˜΅
Entering a nuclear or hydroelectric generating station with a deadly weapon˚
Supplying or selling someone a firearm if the person knows or has reason to believe the recipient will use the firearm to commit an act of terrorism^
Using, possessing, or exercising control over a deadly weapon knowing it will be used to facilitate an act of terrorism*
Trafficking in weapons or explosives to assist a street gang or criminal syndicate

Exceptions

There are several exceptions to Arizona’s weapons misconduct statute. Some are extremely specific, while others are more general. Presenting the situations as falling within one of these exceptions can be a strong defense in your case. Some of the exceptions that could apply if you are charged with weapons misconduct in Arizona include:

Dry ice: dry ice can be considered a prohibited weapon, although the defendant must have had the intent to cause bodily harm or property damage with the dry ice rather than possessing it for a party, school experiment, etc.
Pocket knife: A pocket knife is specifically excluded as a deadly weapon in the Arizona weapons misconduct statute.
Safe carrying: Carrying a weapon isn’t considered misconduct if the weapon or holster is visible, or the weapon is contained in a visible scabbard, luggage, or other compartment meant as a means of transportation.
Authorized carriers: Arizona’s weapons misconduct law doesn’t apply to certain professionals acting in their official duties. This includes police officers, military members, correctional officers, etc.
Sporting: It is not considered weapons misconduct to carry a firearm while at a shooting range, participating in hunting, etc.

Potential Penalties For a Weapons Misconduct Conviction In Arizona

If you read the key above, you’ll see that weapons misconduct can be charged at several different levels in Arizona. A defendant facing weapons misconduct charges could be facing a class 2, 3, 4, or 6 felony, or a class 1 or 3 misdemeanor. A felony is a more serious offense than a misdemeanor, and the lower the number, the higher the crime. That’s why class 2 felony weapons misconduct charges are reserved for conduct in furtherance of terrorist activity. Penalties are typically set forth as guidelines, giving the judge discretion when deciding how long a defendant should spend behind bars and how much they should pay in fines. The defendant can be penalized as if they were charged with the next highest crime if this is their second or subsequent criminal offense. A judge can also order a criminal defendant to complete community service, pay restitution, complete certain courses, and impose other penalties as they see fit, given the circumstances.

Felony Penalties

Arizona’s sentencing guidelines for first-time felony offenders can be found in A.R.S. § 13-702. They include a presumptive sentence, minimum and maximum guidelines, and mitigated and aggravated suggestions if there are special factors that lessen or worsen the severity of the defendant’s actions. Examples include if the defendant was very young, had an intellectual disorder, had no prior criminal record, etc. The full range of the sentencing guidelines for a class 2 felony is 3 years to 12.5 years, with a presumptive sentence of 5 years. For a class 3 felony, this is 2 years to 8.75 years with a presumptive sentence of 3.5 years. For a class 4 felony, it is 1 year to 3.75 years with a presumptive incarceration sentence of 2.5 years. For a class 6 felony, the lowest level felony in Arizona, it is 4 months to 2 years, with a presumptive sentence of 1 year.

Misdemeanor Penalties

A.R.S. § 13-707 is Arizona’s law setting forth the sentencing guidelines for misdemeanor convictions. In Arizona, weapons misconduct can be charged as a class 1 or class 3 misdemeanor. The maximum jail sentence for a class 1 misdemeanor is 6 months, and for a class 3 misdemeanor is 30 days.

Fight Back Against Weapons Misconduct Allegations & Related Charges With Our Experienced Arizona Criminal Defense Team

When a defendant is accused of mishandling a deadly weapon, it can come with serious consequences like expensive fines and months, or even years, of incarceration. But what may be even worse is having a criminal conviction on one’s record. Employers are less likely to hire convicts, landlords are less likely to rent to them, and banks are less likely to extend them loans and other lines of credit. A criminal record can affect relationships with family and friends, and may even diminish dating prospects. A defendant convicted of weapons misconduct and related charges could spend several years paying the price for a momentary lapse in judgment. If you’re facing these types of allegations, a strong defensive stance is necessary to reduce the harm the defendant experiences. Don’t let weapons misconduct charges set the course of the rest of your life. Schedule your free consultation with a criminal defender from My AZ Lawyers today at 480-470-1504 for more information.