Unlawful Discharge of a Firearm
Unlawful Discharge of a Firearm Defense Phoenix, AZ
Unlawful Discharge of a Firearm – Criminal Defense Attorney Arizona
Arizona aggressively prosecutes weapons charges especially when a gun has been fired. The Phoenix police are well known for their ability to find and arrest those who discharge a firearm within city limits. If you have been charged for discharging a firearm within any city limits in Arizona then you should consult with an Arizona criminal attorney who has the experience in defending these types of criminal charges. That attorney is James Novak. As a former prosecutor he understands defense strategies and what needs to be done to defend you for these against these charges.
Arizona Laws: Unlawful Discharge of a Firearm
A.R.S. 13-3107. Unlawful discharge of firearms is simply the firing of a weapon in city limits without justification. It is also illegal to fire your weapon during a holiday such as New Years Eve celebration. This if an Arizona felony criminal charge. A.R.S. 13-3107
Reads in part as follows:
“A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.”
Unlawful Discharge of a Firearm Penalties
Penalties in Arizona for firing a weapon and getting a conviction for Unlawful Discharge of a Firearm will expose you to incarceration in the Arizona Department of Corrections (prison) or up-to 12 months jail. Additional criminal penalties may include supervised felony probation and fines. Due to the severe penalties you are exposed to for these charges it is important that you retain an experienced criminal defense attorney who frequently defends these charges in Maricopa County frequently, like James Novak, Arizona Criminal Defense and DUI defense lawyer.
Criminal Defense Lawyer for Unlawful Discharge of a Firearm Charges
The Law Office of James Novak has the experience and proven record of providing a strong defense criminal charges of Unlawful Discharge of a Firearm in Arizona. If you have been charged with this serious crime your future and freedom is at risk. Call James Novak, criminal defense attorney, today at (480) 413-1499 and speak with him directly for your FREE consultation.