Misconduct Involving Weapons

When faced with Arizona felony weapons charges [link to Weapons Charges page], you are exposed to some very serious consequences. Prosecutors aggressively pursue convictions and lengthy sentences for defendants who are charged with using a weapon during the commission of a crime or individuals who are “prohibited possessors” of weapons due to prior felony convictions. However, just because you’ve been charged with a gun crime doesn’t make you guilty—it’s up to the prosecution to prove its case beyond a reasonable doubt…if it can.

At the Law Office of James E. Novak, our dedicated Maricopa County criminal defense lawyer has over two decades of experience defending clients charged with serious violent crimes, such as assault and misconduct involving weapons. We also offer free consultations to all prospective clients, during which we can answer your questions and give you an honest assessment of your case.

Arizona’s law involving assault or misconduct with a weapon falls under A.R.S. 13-3102. Misconduct involving weapons is often charged in two different situations:

1. A weapon is allegedly used during the commission of a crime, and
2. Someone who is considered a prohibited possessor of a weapon due to a prior felony conviction is arrested in possession of a firearm.

However, there are multiple ways to commit misconduct involving weapons. For example, A.R.S. 13-3102 provides that someone can be arrested for weapons misconduct if they knowingly:

1. Possess or have control over a concealed deadly weapon (excluding a pocketknife) and either use the weapon in a crime or fail to answer questions from law enforcement about being armed;
2. Carry a concealed deadly weapon or have one within their control, and they are under 21 years of age;
3. Possess dry ice to use as a deadly weapon;
4. Possess any deadly weapon as a prohibited possessor;
5. Give or sell a deadly weapon to a prohibited possessor;
6. Alter or change the appearance of a deadly weapon;
7. Use or have immediate control over a deadly weapon in the process of committing a designated felony; or
8. Discharge a gun at an occupied building or structure to promote a gang’s interests.

In Arizona, cases involving misconduct involving a weapon are aggressively pursued by the Maricopa County Prosecutor’s Office. Misconduct involving weapons can be a misdemeanor or a felony, depending on the specific facts at issue. For example, if you are prohibited from possessing a firearm because of a prior felony conviction, you will face a Class 3 felony. On the other hand, if you sell a firearm to a prohibited possessor, you’ll be charged with a Class 6 felony.

That said, there are situations where misconduct with a weapon is a misdemeanor. For example, misdemeanor weapons misconduct charges apply if:

• You are under 21 and carry a firearm in a vehicle;
• You possess a gun at an election polling place or on school grounds; or
• You refuse to secure your weapon at the reasonable request of a business owner.

Regardless of how the crime is graded, prosecutors will often seek a prison term if you are convicted. Therefore, it is imperative that you have a strong defense.

If you’ve been charged with misconduct involving weapons, it is imperative that you work with an attorney who will take your case as seriously as you do. The Law Office of James Novak is on your side and is capable of developing a strong defense to your felony weapons charges—regardless of the evidence in the prosecutor’s file. As a former prosecutor himself, Attorney Novak understands what it takes to build compelling defense and work towards protecting your future and freedom. When faced with Arizona felony misconduct with weapons charges, call James Novak today at (480) 413-1499 for your free, no-obligation consultation. You can also connect with us through our secure online contact form.