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The second amendment refers to the right of citizens to form a well-organized and armed militia. This is commonly cited as the guaranty in the Constitution for its citizens to possess firearms. However, there are some limitations, restrictions, or regulations on this right to gun ownership that vary from state to state. It is important to understand these laws in Arizona to be a responsible gun owner and avoid criminal charges.
Many gun offenses are felonies that are punishable by fines, prison time, and loss of rights. Additionally, possessing a firearm or deadly weapon while carrying out another crime is considered an aggravating factor and leads to greatly increased penalties. If you have been charged with a weapons-related crime, you should contact a Tempe gun lawyer as soon as possible. Assistance from the skilled attorneys at Grand Canyon Law Group could have a considerable impact on the outcome of your case.
Several offenses in Tempe are solely linked to the use or possession of weapons. For instance, under ARS 13-3107, anyone who fires a gun with criminal negligence is guilty of unlawful discharge of a firearm, which is a felony
Other examples of standalone gun charges that our lawyers frequently defend against in Tempe include:
When a firearm during the commission of a crime, the charges will almost always be more severe. Hiring a skilled local attorney at Grand Canyon Law Group can significantly impact the outcome of a gun crimes case.
A “dangerous crime” is described as any criminal activity in which the defendant uses a lethal or deadly weapon or another dangerous instrument. The courts treat these cases differently than crimes not involving weapons, and the fines and penalties are typically much harsher. It is crucial for anyone accused of a weapons-related crime to retain a top-notch, experienced gun attorney who can help mitigate the consequences and/or avoid a conviction.
There are minimum and maximum sentences for dangerous crimes, all of which escalate for repeat offenses. For example, the conviction of a non-dangerous Class 6 felony (the lowest level felony) for a first offense is 4 months to 2 years in prison. But if the Class 6 felony is charged as “dangerous” with a weapon, the range jumps to 1.5 to 3 years. A second conviction of the same offense, however, extends the range to 3.5-4.5, and a third offense rises to 4.5-6 years. Higher level felonies carry far higher prison requirements.
Under ARS 13-1204, assault with a weapon can be a Class 2 or Class 3 felony. For a first offense, a Class 2 felony carries a prison range of 7-21 years under ARS 13-704. However, for each subsequent conviction, the minimum and maximum penalties increase. For example, upon a third offense, the range for a Class 2 dangerous offense is 21-35 years.
Perhaps the harshest consequence of changing the offense to a dangerous offense, is that it is “prison mandatory”. This means that even on a first offense, if convicted at trial, the judge has no choice to allow probation. They must hand down a prison sentence that is within the allowed range under the law.
When the stakes are this high, those accused of gun crimes need the best possible representation from a well-practiced attorney at our firm. We are former prosecutors who know how to go after the case and get the best results for our clients.
Convictions for gun crimes can have serious consequences for your rights, reputation, and freedom. If you are facing gun crime charges, seek legal counsel as soon as possible to begin building an effective defense. A Tempe gun lawyer at the Grand Canyon Law Group is ready to review your case and fight for a positive resolution on your behalf. We believe you have a way of life worth defending, so contact us right away to get started.