{"id":14856,"date":"2017-05-31T15:26:53","date_gmt":"2017-05-31T22:26:53","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=14856"},"modified":"2022-11-29T14:24:04","modified_gmt":"2022-11-29T21:24:04","slug":"unlawful-discharge-firearm","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/unlawful-discharge-firearm\/","title":{"rendered":"Arizona Unlawful Discharge of a Firearm Laws"},"content":{"rendered":"
ARS 13-3107<\/a> simply states that \u201cA person who with criminal negligence discharges a firearm within or into the limits of any municipality.\u201d This offense is categorized as a class 6 felony.<\/p>\n Criminal negligence is a key condition of this statute; not knowing that it is against the law to fire a weapon within city limits is not a valid defense in Arizona. As defined by Nolo<\/a>, \u201ccriminal negligence occurs when the defendant should have been aware of the risk.\u201d This means that there was a reasonable amount of responsibility that the person had to understand the consequences of their actions. In ignoring these responsibilities there is a degree of recklessness that the courts consider as criminal.<\/p>\n There are circumstances in which discharging a weapon within city limits is not a criminal act. ARS 13-3107 Section C<\/a> allows weapons to be discharged within Arizona city limits if:<\/p>\n The last point does not prevent a city, town or county from adopting a rule for addition restrictions within one-fourth mile of an occupied structure.<\/p>\n The state of Arizona has certain minimums and limits for each criminal degree, as outlined by ARS 13-704<\/a>. A class six felony like this has a minimum jail sentence of one and a half years to three years, with a mitigated sentence of two years and three months.<\/p>\n Section L. These penalties, however can be changed for<\/p>\n \u201cthe penalties otherwise authorized by law if an allegation of prior conviction is charged in the indictment or information and admitted or found by the court or if an allegation of dangerous offense is charged in the indictment or information and admitted or found by the trier of fact\u201d<\/p>\n This means that if there is evidence given to the trier of fact<\/a>\u2014<\/em>a term that refers to the jury or judge\u2014that proves that the incident was especially dangerous to the public, and goes on to say that the penalties can be adjusted to be more strict than the typical sixth degree felony guidelines.<\/p>\n A felony conviction is the most severe punishment that a person can receive. Even though a discharging weapon felony charge is the lowest degree, it still carries lifetime consequences. If convicted of a felony, a person can lose rights such as voting and bearing arms. A criminal record will follow a person convicted of a felony and are legally required to disclose their felony conviction to any prospective employer that chooses to ask. This leaves the person convicted with a heavy amount of restrictions in their day to day lives.<\/p>\n Because of the weight that a felony conviction can carry is that severe of a consequence, the court is allowed to use its own judgement so long as they are following the guideline set forth by the Arizona Revised Statutes. These guidelines give more room to choose how the penalties are doled out and how the charges will affect the person\u2019s future.<\/p>\nMeaning of Criminal Negligence<\/h2>\n
Exceptions<\/h2>\n
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Penalties<\/h2>\n
Felony Charges for Discharging a Weapon<\/h2>\n
Lowering Felony Charge to Misdemeanor<\/h2>\n