Assault with Weapon Defense Phoenix, AZ

Misconduct or Assault with Weapon Defense Attorney

When faced with Arizona felony charges or Assault Charges you are exposed to some very serious consequences. The prosecution aggressively to seek convictions for defendants who use a weapon during the commission of a crime or those who are “prohibited possessors” of weapons due to prior felony conviction (s).

Misconduct Involving a Weapon Laws

Arizona Law involving assault or misconduct with weapon laws falls under A.R.S. 13-3102. Misconduct involving weapons is commonly charged when (1) A weapon is allegedly used during the commission of a crime in Arizona or (2) A prohibited possessor of a weapon results after someone is convicted of a felony charge that prevents them from possessing or carrying a weapon.

Arizona Law A.R.S. 13-3102.: Assault with Weapon and Misconduct Involving Weapons Law reads in part as follows:

“A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(a) In the 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; or
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
3. 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; or
4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise;…”

Misconduct with Weapon ● Assault with Weapon Penalties

In Arizona most cases involving Misconduct Involving a Weapon involves a victim or have a criminal record. Both of these factors are aggressively pursued by the Maricopa County Prosecutor’s Office. Typically, the prosecutor will seek a prison term upon conviction. Therefore it is imperative that you provide yourself with a strong defense. Upon conviction you can find yourself going to prison, serving jail, lengthy probation, fines, and counseling.

Criminal Defense Lawyer for Assault or Misconduct with Weapon Charges

The Law Office of James Novak is on your side and will provide a strong defense to your felony weapons charges. As a former prosecutor he understands what it takes to build your defense and work towards protecting your future and our freedom. When faced with Arizona felony Misconduct with Weapons charges call James Novak today at (480) 413-1499 for your FREE consultation.