Introduction
Offenses in Arizona involving firearms and other dangerous weapons often carry serious penalties. The state has laws in place which allow any person age 18 or older to legally possess and open carry a firearm without a permit. If 21 or older, a person may carry a concealed firearm without a permit. However, there are certain guns and weapons that are prohibited. In addition, it is illegal to use any type of weapon in a way that threatens or causes physical injury to another person.
Weapon laws in Arizona can be complex. Therefore, it is important to contact a Peoria weapons defense lawyer immediately if you have been arrested for a weapon-related crime. An experienced criminal defense lawyer will fight for your rights and help ensure a satisfactory outcome for your case.
Weapon Laws in Peoria
In Arizona, a “weapon” may constitute a number of different instruments. While the most common type of weapon is a gun, Peoria weapon crimes may also involve bombs, grenades, and other explosives that use flammable liquids, chemicals, or other compounds that could cause explosions.
Under ARS 13-3101, a deadly weapon is defined as anything designed for lethal use. While many people associate items like knives as weapons, Arizona knife law generally regards knives as tools rather than weapons.
There are certain areas in which you are prohibited from carrying a firearm, whether open or concealed. This includes in businesses that serve alcohol for consumption on the premises, polling places on election day, K-12 school grounds, military installations, commercial nuclear and hydroelectric generating stations, Indian reservations, game preserves, national parks, correctional facilities, airports, and other areas where carry has been prohibited.
In addition, certain groups of people are prohibited from carrying firearms in Arizona. According to ARS 13-3102, a person is prohibited from carrying a firearm if they are found to be a danger to their self or others, convicted of a felony, serving a term of imprisonment, serving a term of probation related to a domestic violence felony, or if they are an undocumented alien or non-immigrant alien.
Penalties for Weapon-Related Crimes in Peoria
Possession or use of a dangerous weapon can result in serious penalties. Misconduct with weapons may occur if you knowingly carry any deadly weapon with the exception of a pocket knife, if the weapon was concealed on your person or within your immediate control, and if the weapon was used to further a violent crime or felony offense.
Sentencing for a weapon-related crime in Peoria is as follows:
Class 3 Misdemeanor
You may be charged with a Class 3 misdemeanor if you carry a deadly weapon in a vehicle and if the alleged offender is under age 21. The penalty for a weapons and firearms Class 3 misdemeanor in Arizona is a fine of up to $500 and up to 30 days in jail.
Class 1 Misdemeanor
A Class 1 misdemeanor charge may occur if you are caught carrying a deadly weapon in a means of transportation and fail to answer when law enforcement asks if you are carrying a concealed deadly weapon. A Class 1 misdemeanor may also occur if you enter a public event or establishment with a deadly weapon without authorization, if you enter an election polling place on the day of the election with a deadly weapon without authorization, or if you possess a deadly weapon while on school premises. The penalty for a Class 1 misdemeanor is a fine of up to $2,500 and up to six months in jail.
Class 6 Felony
If you carry a deadly weapon in a vehicle in association with a felony offense or violent crime, if you sell or transfer a deadly weapon to a prohibited person, if you deface a deadly weapon, or if you unlawfully discharge a firearm, you could face a Class 6 felony. The penalty for this crime is up to 18 months to three years in prison.
Class 4 Felony
A Class 4 felony can occur if you possess a deadly weapon, manufacture, transport, or sell a prohibited weapon, if you enter a nuclear or hydroelectric generation station with a deadly weapon, or if you use a deadly weapon while committing a felony offense. The penalty is 4 to 8 years in prison.
Class 3 Felony
You may be charged with a Class 3 felony if you supply or sell a firearm to another person or if you discharge a firearm towards an occupied structure in an attempt to assist or promote a criminal street gang. The penalty for this crime is 5 to 15 years in prison.
Class 2 Felony
An individual may be charged with a Class 2 felony if they use, possess, or exercise control over a deadly weapon in association with an act of terrorism. The punishment for this crime can range from 7 to 21 years in prison. All felony offenders may also be required to pay a fine of up to $150,000.
Defenses to Weapon-Related Charges in Peoria
If you have been arrested for a weapon-related crime, it is crucial to exercise your right to a lawyer. Do not answer any questions and contact the experienced Peoria weapons defense lawyers at JacksonWhite Law. Our team will help you build a strong defense based on the unique circumstances of your case.
There are a number of defenses that may be used in a weapon-related case. To build the best case possible, we will ask a variety of questions, such as whether the gun belongs to you or someone else. If the evidence is not tied to you, the case could get thrown out.
We will also look at other defenses, such as the alleged offender not knowing that the gun was in the vehicle or house. In addition, we will look at how law enforcement found the firearm. Was it on a bad warrant or by an illegal search of your person?
JacksonWhite Law in Peoria, Arizona
If you have been arrested for a weapons-related crime, you may feel uneasy about your future. Know that you have certain rights including the right to an experienced criminal defense attorney. Call JacksonWhite Law today at our Peoria location to learn more about our services or to get started on your case.
Address: 16165 N. 83rd Ave, Suite 200
Peoria, AZ 85382
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
