Phoenix Weapons Offense Lawyer

Work With a Board Certified Criminal Defense Attorney in Phoenix

Weapons offenses can include a variety of violations including the illegal possession of a firearm, use of a weapon during the commission of crime, selling a deadly weapon to a prohibited possessor, and assault with a deadly weapon. If you have been charged with a weapons related crime, the penalties can include jail or prison time, probation, fees and fines, and other consequences, including forfeiture of the involved weapon and loss of gun rights, depending on the circumstances involved in the incident. Given the potentially serious consequences associated with weapons charges it is important to seek experienced representation to ensure an aggressive defense is launched on your behalf.

In many cases, weapons violations are classified as felonies, including the unlawful discharge of a firearm either within or into the limits of any municipality, which is a Class 6 Felony. Discharging a firearm at an occupied structure to further the interests of a street gang is considered a Class 3 Felony and possession of a deadly weapon by a prohibited possessor is a Class 4 Felony. Misdemeanor weapons violations include failing to accurately answer a law enforcement officer when asked whether you are carrying a concealed deadly weapon, and this is considered a Class 1 Misdemeanor. Misdemeanor crimes carry a maximum penalty of six months in jail and $2,500 fine, if convicted. Felony convictions are significantly harsher and can include a presumptive term of 3.5 years in the Arizona Department of Corrections for a Class 3 Felony (non-dangerous, first-offense). 

Misconduct Involving Weapons in Arizona

This is a very common weapons offense in Arizona and there are 16 different violations under A.R.S § 13-102 that a person can be charged with, including (but not limited to): 

Class 2 Felony

o   Use or possession of a deadly weapon during the commission of a terroristic act

Class 3 Felony

o   Discharging a firearm at an occupied structure in furtherance of a criminal street gang 

Class 4 Felony

o   Possessing a deadly or prohibited weapon if the person is a prohibited possessor

Class 6 Felony

o   Carrying a deadly weapon during the commission of another serious or violent crime, or any other felony offense

o   Selling or transferring a weapon to a prohibited possessor

o   Knowingly possessing a defaced deadly weapon

Class 1 Misdemeanor

o   Possessing a deadly weapon on school property

o   Unlawfully carrying a deadly weapon into an election polling place on an election day

Penalties for Weapons Violations

The possible sentence upon conviction for a violation involving misconduct with weapons can be significant and vary depending on whether this is a first-time offense or whether the violation is considered a ‘non-dangerous’ or ‘dangerous’ offense, among other factors.

Sentencing range* for a ‘non-dangerous’ (first offense) felony conviction:

Class 2 felony: 3-12.5 years

Class 3 felony: 2-8.75 years

Class 4 felony: 1-3.75 years

Class 6 felony: 0.33-2 years

(*Probation eligible)

Sentencing range for a ‘dangerous’ (first offense) felony conviction:

Class 2 felony: 7-21 years

Class 3 felony: 5-15 years

Class 4 felony: 4-8 years

Class 6 felony: 1.5-3 years

Work With a Board Certified Criminal Defense Lawyer in Phoenix

Given the significant penalties you could be facing upon conviction of a weapons charge, it is important that you seek the advice of experienced legal counsel before making any binding decisions in your case. The law offices of Trent R. Buckallew, P.C. will launch an aggressive defense in court against the state's evidence and ensure your case is resolved under the most favorable terms possible. Mr. Buckallew has extensive experience as a criminal defense attorney, having handled all types of criminal cases from simple misdemeanor charges to serious and complex felony violations and has achieved successful resolutions in countless cases over the course of his career.

In addition to his law degree, Mr. Buckallew also holds a Master of Forensic Science degree, giving him the unique ability to understand the science behind the evidence, including potential weaknesses in your case. He also belongs to many professional criminal defense organizations, such as the National Association for Criminal Defense Lawyers (NACDL), and the Arizona Attorneys for Criminal Justice (AACJ), which enables him to keep well informed of the ever-changing and complex practice of criminal law. 

This firm offers a free case evaluation to discuss your case and legal options. Contact the firm today to arrange a consultation with an experienced and aggressive lawyer.