Being charged with gun crimes and other firearm offenses in Tucson, Arizona, is stressful. You not only face fines and probation but could also be sentenced to a mandatory prison sentence. You need a trusted attorney to fight to protect your rights.
At Katsarelis Law Criminal Defense Attorneys, our lawyers have over 45 years of combined experience. For over 20 years, our law firm has fought for the rights of the accused in Arizona. We have helped thousands of clients successfully resolve legal issues.
Contact our office today or call us at (520) 510-0439 to schedule a free consultation with our Tucson gun charges lawyers.
How Katsarelis Law Criminal Defense Attorneys Can Help You With Gun Charges in Arizona
Arizona has numerous gun laws to protect the rights of gun owners. The Second Amendment gives citizens the right to own firearms. However, states can enact gun laws to protect the public and prevent crime. Individuals are expected to know, understand, and follow gun laws. When you break gun laws in Arizona, you face severe punishments.
When you hire our top-rated Tucson criminal defense attorneys, you can trust we will:
- Thoroughly investigate the circumstances surrounding your arrest for gun charges
- Analyze the state’s evidence against you, including searching for exculpatory evidence to prove your innocence
- Develop a defense strategy based on the evidence
- Work with experts when necessary to gather additional evidence to build your defense
- Aggressively negotiate with the prosecutor to obtain a fair plea deal
- Take your case to trial and fiercely advocate for your rights if a plea agreement is not possible
Our law firm has an established track record of delivering favorable outcomes for our clients. Organizations, including Justia, The National Trial Lawyers Top 100, and Google Business Reviews, have given us top ratings and awards. We have an AV Preeminent rating with Martindale-Hubbell, which is its highest peer rating for professional excellence.
Call Katsarelis Law Criminal Defense Attorneys to schedule a free case evaluation with an experienced Tucson gun charges lawyer.
Overview of Weapon and Gun Charges in Arizona
Arizona has several criminal statutes that could result in one or more gun charges. Gun crimes are charged as felonies and misdemeanors. Common gun charges in Tucson include:
Misconduct Involving Weapons
Arizona Revised Statute §13-3102 is one of the primary weapons statutes. It covers a wide variety of gun and weapons charges, including:
- Possession of a firearm with the serial number removed
- Possession of an illegally modified gun
- Committing a violent crime while carrying a gun
- Possession of a sawed-off shotgun with a barrel under 18 inches
- Possession of a firearm by an illegal alien or felon
- Having a concealed weapon when under the age of 21 years old
- Defacing or possessing
- Use of weapons or guns in terrorism
- Failing to provide a law enforcement officer with notice you possess a firearm when stopped or detained
- Selling or transferring a weapon or gun to a prohibited possessor
- Carrying a deadline weapon at a school, polling place, or power facility
Many of the above weapons and gun charges are combined with other criminal charges. For example, a defendant may be charged with possession of an illegal weapon while committing aggravated assault or burglary.
The charges under this code section range from misdemeanors to felonies, depending on the specific charges.
Drive-by Shooting
Arizona Revised Statute §13-1209 makes it illegal to discharge a firearm from a motor vehicle at an occupied structure, another person, or an occupied vehicle. Drive-by shooting charges are a Class 2 felony in Arizona.
Unlawful Discharge of a Firearm
Arizona Revised Statute §13-3107 makes it criminally negligent to discharge a firearm within or into the city limits. Charges of unlawful discharge of a firearm are Class 6 felonies. Exceptions include firearms used on supervised ranges, in self-defense, or while legally hunting wildlife.
Disorderly Conduct With a Weapon
Arizona Revised Statute §13-2904 makes recklessly displaying, handling, or discharging a dangerous instrument or deadly weapon illegal. The charge is a Class 6 felony.
Firearm Parole & Probation Violations
People on parole and probation have numerous restrictions, including being restricted from possessing or owning a firearm or gun. Possession of a gun while on probation can result in Class 4 felony charges. A probation violation for gun charges could also result in revocation of probation and return to jail.
Possessing a Gun or Firearm by a Prohibited Possessor
Arizona law makes it illegal for specific people (i.e., prohibited possessors) to possess a gun or firearm. Prohibited possessors include:
- Anyone convicted of a felony whose civil right to possess and own a firearm has not been reinstated.
- Someone who has been found to be a danger to themselves or others or who has a disability under ARS §36-540 and their right to possess a firearm has not been reinstated.
- A person who has been found incompetent under Arizona’s criminal procedure rules.
- Someone serving probation for domestic violence or a felony offense, parole, house arrest, or community supervision.
- A person serving time in a correctional facility or detention center.
- A non-immigrant alien with or without documentation or an undocumented alien.
The charge for prohibited possession of a firearm is a Class 4 felony charge.
Assault With a Deadly Weapon
Assault with a deadly weapon is a Class 3 felony as a form of aggravated assault. If the victim is a law enforcement officer or a minor under 15 years old, the charge increases to a Class 2 felony. Aggravated assault resulting in a fatality can escalate the charges even further.
What Are the Penalties for Gun Charges in Tucson, AZ?
Weapons charges in Arizona range from misdemeanors to felonies. The penalties someone faces depend on the specific gun charge they face. Aggravating circumstances could also impact the sentence received for gun charges.
Penalties for gun charges include:
- A presumptive sentence of five years in prison for a Class 2 felony conviction. This felony class includes assault against a child or police officer with a weapon or terrorism involving a gun or weapon.
- A presumptive sentence of 3.5 years in prison for a Class 3 felony conviction. This felony class includes gang-related weapons charges and drive-by shootings.
- A presumptive sentence of 2.5 years for a Class 4 felony conviction. Charges in this category include prohibited possession of a firearm or deadly weapon and committing a felony with a weapon.
- A presumptive sentence of 1 year in prison for a Class 6 felony conviction. Charges in this category include having a concealed weapon or gun in a vehicle without committing a crime.
A misdemeanor conviction has a maximum sentence of up to one year in jail. A Class 1 misdemeanor usually results in up to six months in jail. A Class 3 misdemeanor can result in up to 30 days in jail.
In addition to prison or jail sentences, the court may impose thousands of dollars in fines, including up to $150,000 for felony convictions. Probation and other penalties may also apply to a conviction or gun charges.
What Are the Potential Defenses to Gun Charges in Tucson, AZ?
An arrest on gun charges is not a conviction. Do not give up before speaking with an experienced Tucson gun charges lawyer. Potential defenses to gun charges include:
- You were not in actual possession of a firearm or weapon. The prosecution must prove that you had the ability to exercise control of the firearm to prove their case.
- Some crimes require intent or knowledge. Therefore, your attorney may argue you lacked the intent or knowledge required to commit the gun crime.
- Statutory exceptions to the crime apply in your case.
- Law enforcement officers violated your legal rights. Therefore, the evidence seized because of an illegal arrest should be inadmissible in court.
- You were acting in self-defense or the defense of another person.
- Challenges of evidence, including hiring experts to dispute forensic evidence in a gun charges case.
An attorney investigates all aspects of the alleged crime to determine what defenses will give you the best chance of beating the charges.
What Should I Do if I’m Arrested on Gun Charges in Tucson, AZ?
Try to remain calm if an officer arrests you for gun crimes. Resisting arrest can escalate the situation and place everyone in danger. You may also face additional criminal charges for resisting arrest. Remember, you have the right to remain silent. You need to exercise this right. Do not answer questions or make a statement without a lawyer present. Talking with the police or a prosecutor could hurt your chances of a successful defense.
You might be told that pleading guilty is in your best interest. Do not plead guilty until you explore potential defenses with an attorney. You should ask to speak with a criminal attorney as soon as possible. Working with an experienced criminal defense lawyer is the best way to protect your rights.
Learn More About Gun Crimes Defense During a Free Consultation
Your freedom and future are at stake when you face gun charges in Tucson, Arizona. Call Katsarelis Law Criminal Defense Attorneys to request a free case review with one of our Tucson gun charges lawyers. Our attorneys provide sound legal advice and support when you are facing criminal charges.