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Phoenix Weapons Charges Attorney

Misconduct involving weapons is defined by A.R.S. § 13-3102. There are many different offenses defined within that statute, all of which have varying levels of severity despite sharing the same name. Some of the penalties for misconduct involving weapons charges in Arizona can be quite harsh if the case is not handled properly. An aggressive Phoenix weapons charges attorney can greatly minimize the fines and other punishments you face. The weapons charges lawyers at Stone Rose Law are experienced, aggressive, and effective in defending misconduct involving weapons charges throughout Courts in Arizona. No matter the charge against you, hiring an experienced weapons charge defense attorney with Stone Rose Law will greatly increase your chances of decreased firearm or weapons charges or a dismissal of charges altogether. Reach out to us today online or by calling our local law firm at (480) 498-8998 for help with your case.

Types of Misconduct Involving Weapons Charges in Arizona

Stone Rose Law is ready to help with your case. Our criminal defense attorneys in Phoenix are dedicated to providing you with affordable, experienced, and aggressive legal representation, so that you can get the fair treatment that every American deserves. Stone Rose Law handles all types of Arizona misconduct involving weapons charges with the most common offenses seen include:

  • Carrying a concealed weapon in furtherance of a felony
  • Failure to disclose a concealed weapon upon inquiry by law enforcement
  • Carrying a concealed deadly weapon by a person under 21 years of age
  • Manufacturing, possessing, transporting, selling or transferring a prohibited weapon
  • Possession of a deadly weapon by a prohibited possessor
  • Selling or transferring a deadly weapon to a prohibited possessor
  • Defacing a deadly weapon/possessing a defaced deadly weapon
  • Using or possessing a deadly weapon during the commission of a felony drug offense

Carrying a Concealed Weapon in Furtherance of a Felony

According to A.R.S. § 13-3102(A), a person commits misconduct involving weapons by knowingly carrying a deadly weapon, except a pocketknife, on his person or within his immediate control in or on a means of transportation in furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03, or any other felony offense.

A “serious offense” as defined in A.R.S. § 13-706 includes any of the following offenses:

  • First-degree murder
  • Second-degree murder
  • Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument
  • Sexual assault
  • Any dangerous crime against children
  • Arson of an occupied structure
  • Armed robbery
  • Burglary in the first degree
  • Sexual conduct with a minor under 15 years of age
  • Child sex trafficking

Meanwhile, a “violent crime” as defined by A.R.S. § 13-901.03 includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.

Misconduct involving weapons as defined by A.R.S. § 13-3102(A) is a class 6 felony offense, punishable by up to two years in the state prison. Given the possibility of a permanent felony, as well as time in prison, you must retain a Phoenix weapons charges attorney to protect your rights. Stone Rose Law can help. Our weapons charges lawyers have the experience and knowledge you need. Call now for a free consultation.

Failure to Disclose a Concealed Weapon Upon Inquiry by Law Enforcement

A deadly weapon is anything that is designed for lethal use and includes but is not limited to a firearm. If you carry a concealed deadly weapon, whether on your person or in your immediate control within a vehicle. A.R.S. § 13-3201(A)(1)(b) makes it a class 1 misdemeanor to fail to accurately answer a law enforcement officer’s question about whether or not you are armed with a deadly weapon. This rule does not apply to a pocketknife. Still, it does apply to all other deadly weapons.

A class 1 misdemeanor is punishable by up to six months in the county jail and a maximum fine of $2,500 plus surcharges. If you are charged with a violation of A.R.S. § 13-3201(A)(1)(b), you need an experienced weapons charges lawyer in Phoenix to ensure that your rights are protected. Call Stone Rose Law now for a free consultation.

Carrying a Concealed Deadly Weapon by a Person Under 21 Years of Age

A deadly weapon is anything designed for lethal use and includes but is not limited to a firearm. Pursuant to A.R.S. § 13-3201(A)(2), it is a class 3 misdemeanor for a person under 21 years of age to carry a concealed deadly weapon, whether on his person or within his immediate control within a vehicle. A class 3 misdemeanor is punishable by up to thirty days in jail and a $500 fine. If you have been charged with a violation of A.R.S. § 13-3201(A)(2), you need the assistance of an experienced weapons charges attorney to protect your rights. Call Stone Rose Law now for a free consultation.

Manufacturing, Possessing, Transporting, Selling or Transferring a Prohibited Weapon

According to A.R.S. § 13-3201(A)(3), a person commits misconduct involving weapons by knowingly manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person, or to cause damage to the property of another person. A “prohibited weapon” is any weapon listed in A.R.S. § 13-3101(8)(a), and includes:

  1. A bomb, grenade, rocket having more than four ounces of propellant or a mine that is explosive, incendiary or emits poison gas
  2. A device that is designed, made or adapted to muffle the report of a firearm (i.e. a silencer)
  3. An automatic weapon
  4. A rifle with a barrel length of less than sixteen inches, or a shotgun with a barrel length of less than eighteen inches, or any derivative of a rifle or shotgun that has an overall length of less than twenty-six inches
  5. A breakable container that contains flammable liquid with a flash point of one hundred fifty degrees or less, and that has a wick or similar device capable of being ignited (i.e., a Molotov Cocktail)
  6. A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause an explosion or detonation of the chemical or combination of chemicals, compounds or materials
  7. An improvised explosive device
  8. Any combination of parts or materials that is designed and intended for use in making or converting a device into an item listed in number 1, 5 or 7 above

Note that while the definition of a “prohibited weapon” is broad, A.R.S. § 13-3101(8)(b) expressly excludes from the definition: (1) fireworks used in compliance with state law or local ordinances; (2) propellants and propellant actuated devices or industrial tools that are manufactured and distributed for their intended purposes; and (3) devices that are commercially manufactured for the purpose of illumination. The statute also expressly excludes any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.

Manufacturing, possessing, transporting or selling a prohibited weapon is a class 4 felony that can carry as much as 3.75 years in prison for a first offense. If you have been investigated for, arrested for, or charged with misconduct involving weapons it is vital that you retain an experienced Phoenix weapons charges attorney to protect your rights. Call Stone Rose Law now for a free consultation.

Possession of a Deadly Weapon by a Prohibited Possessor

Arizona law prohibits certain classes of people from knowingly possessing a deadly weapon, which is anything designed for lethal use. These people are known as “prohibited possessors.” A “prohibited possessor” is any person who:

  1. Has been found to constitute a danger to self or others or to have a persistent disability or grave disability pursuant to court order under A.R.S. § 36-540, and whose right to possess a firearm has not been restored pursuant to A.R.S. § 13-925
  2. Has been convicted of a felony in any state or federal court, and whose right to possess a firearm has not been restored
  3. At the time of possession is serving a sentence of imprisonment in any correctional or detention facility
  4. Who at the time of possession is serving a term of probation, parole, community supervision, work furlough, home arrest or is on release for a domestic violence offense
  5. With certain exceptions for sportsmen and diplomats, an undocumented alien or nonimmigrant alien traveling with or without documentation in Arizona
  6. A person who has been found incompetent to stand trial, and who has subsequently not been found competent
  7. A person who has been found guilty except insane with respect to a criminal offense

If a prohibited possessor is found in possession of a deadly weapon, he or she can be charged with Misconduct Involving Weapons, which is a class 4 felony under these circumstances. If you have been investigated for, arrested for, or charged with misconduct involving weapons, you need an experienced weapons charges attorney in Phoenix to assist you with your case. Call Stone Rose Law now for a free consultation.

Selling or Transferring a Deadly Weapon to a Prohibited Possessor

Arizona law prohibits certain classes of people from possessing a deadly weapon, which is defined as anything designed for lethal use. These people are known as “prohibited possessors.” In addition, it prohibits others from knowingly selling or transferring a deadly weapon to a prohibited possessor. A “prohibited possessor” is any person who:

  1. Has been found to constitute a danger to self or others or to have a persistent disability or grave disability pursuant to court order under A.R.S. § 36-540, and whose right to possess a firearm has not been restored pursuant to A.R.S. § 13-925
  2. Who has been convicted of a felony in any state or federal court, and whose right to possess a firearm has not been restored
  3. At the time of possession is serving a sentence of imprisonment in any correctional or detention facility
  4. Who at the time of possession is serving a term of probation, parole, community supervision, work furlough, home arrest or is on release for a domestic violence offense
  5. With certain exceptions for sportsmen and diplomats, an undocumented alien or nonimmigrant alien traveling with or without documentation in Arizona
  6. A person who has been found incompetent to stand trial, and who has subsequently not been found competent
  7. A person who has been found guilty except insane with respect to a criminal offense

Knowingly selling or transferring a deadly weapon to a prohibited possessor is a class 6 felony. If you have been investigated for, arrested for, or charged with misconduct involving weapons under these circumstances you need an experienced weapons charges lawyer to protect your rights. Call Stone Rose Law now for a free consultation.

Defacing a Deadly Weapon/Possessing a Defaced Deadly Weapon

Knowingly defacing a deadly weapon is a class 6 felony in Arizona. It is also a class 6 felony to knowingly possess a defaced deadly weapon. In this context “deface” means to remove, alter or destroy the manufacturer’s serial number. Thus, if someone grinds the serial number off of a firearm and then later possesses it, they could be charged with two separate felony charges of misconduct involving weapons. If you have investigated for, arrested for, or charged with misconduct involving weapons in this context you need an experienced weapons charges attorney to protect your rights. Call Stone Rose Law now for a free consultation.

Using or Possessing a Deadly Weapon During the Commission of a Felony Drug Offense

One way to commit misconduct involving weapons is to knowingly possess a deadly weapon during the commission of any felony drug offense. This version of misconduct involving weapons generally arises when a person knowingly possesses both a weapon and a narcotic or dangerous drug. However, it is not limited to those situations and could arise in a host of other scenarios, including situations where a person carries a weapon during a drug deal. Misconduct involving weapons in this scenario is a class 4 felony. If you have been investigated for, arrested for, or charged with misconduct involving weapons, you need an experienced Phoenix weapons charges lawyer to protect your rights. Call Stone Rose Law now for a free consultation.

Contact a Phoenix Weapons Charges Lawyer if You’re Facing Charges

Arizona Law regarding the misconduct involving weapons is broad and covers a wide variety of conduct. As such, it defines prohibited conduct across a large spectrum and the penalties range from the most serious as a Class 2 Felony all the way to the least serious, a Class 3 Misdemeanor. Being charged with misconduct involving weapons, is scary and defending against these charges may seem hopeless. Thankfully, this is not the case and there are many defenses that are available. You should not face these charges alone and it is not the time to take matters into your own hands. Contact Stone Rose Law, a criminal defense law firm that is familiar with these types of charges with experience in effectively defending these charges in Courts throughout Arizona. Contact our office online or by calling (480) 498-8998 today to speak with a weapons charges defense lawyer that will provide a free misconduct involving weapons case evaluation.