Misconduct Involving Weapons Defense
Have you been charged with Misconduct Involving Weapons in Arizona?
Misconduct Involving Weapons consists of several different crimes involving weapons and depending on the facts of the case, can be filed as a class one (1) misdemeanor, class three (3) felony, class four (4) felony or class six (6) felony.
To be charged with Misconduct Involving Weapons, a person must knowingly commit one of the following:
- Carry a deadly weapon without a permit except a pocket knife concealed on his person;
- Carry a deadly weapon without a permit pursuant concealed within immediate control of any person in or on a means of transportation;
- 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;
- Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor;
- Selling or transferring a deadly weapon to a prohibited possessor; or
- Defacing a deadly weapon; or
- Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
- Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
- 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
- Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon; or
- Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
- Possessing a deadly weapon on school grounds; or
- Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
- Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
- Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism.
What Sentence Am I Facing?
If charged as a class three (3) non-dangerous felony, you could be facing a jail term of 2.5 years to 7 years with probation eligibility on a first offense, 4.5 years to 13 years with one historical prior and 10 years to 20 years with two historical priors.
If charged as a class three (3) dangerous felony, you could be facing a jail term of 5 years to 15 years for a first offense, 10 years to 20 years with one historical dangerous prior and 15 years to 25 years with two historical dangerous priors.
If charged as a class four (4) non-dangerous felony, you could be facing a jail term of 1.5 years to 3 years with probation eligibility on a first offense, 3 years to 6 years with one historical prior and 8 years to 12 years with two historical priors.
If charged as a class four (4) dangerous felony, you could be facing a jail term of 4 years to 8 years on a first offense, 8 years to 12 years with on historical dangerous prior and 12 years to 16 years with two historical dangerous priors.
If charged as a class six (6) felony non-dangerous offenses, you could be facing a jail term of .5 years to 1.5 years with probation eligible as a first offense, 1 year to 2.25 years with one historical prior, and 3 years to 4.5 years with two historical priors.
If charged as a class six (6) felony dangerous offense, you could be facing a jail term of 1.5 years to 3 years first offense, 3 years to 4.5 years with one historical dangerous prior and 4.5 years to 6 years with two historical priors.
If charged as a class one (1) misdemeanor you could be facing up to six (6) months jail and fines and fees of up to $2500.00 with an 80% surcharge.
There are several defenses that can be used on this charge such as, Miranda Rights violation, denial of right to counsel and more. Alex Lane will look into your case to determine the State’s weaknesses and your strengths.
Let a Former Prosecutor Fight for You
The Law Offices of Alex Lane, PLC strives to help relieve your anxiety. Alex Lane and his staff know how to fight criminal charges. We understand how stressful this experience is and we are committed to answering all of your questions and keeping you informed of all aspects of your case. Alex Lane has a long history of fighting criminal cases.
Attorney Alex Lane worked as a prosecutor for three years. Much of his time was spent in the Vehicular Crimes Bureau in the Major Crimes Division of the Maricopa County Attorney’s Office. This division focused on the most serious felony DUI cases, most of which involved serious injury or death. As such, Mr. Lane was involved in a large number of serious cases.
In addition, Mr. Lane has attended numerous seminars put on for law enforcement personnel and prosecuting attorneys. Many of these seminars discussed investigative tactics and trial techniques, and strategies of prosecutor. Because of this extensive experience, Mr. Lane has a complete understanding of how the police and prosecutors work, and can bring this experience to the table to defend you in your case.
Alex Lane is committed to putting his experience to use and getting you the best results possible and has the experience you need for a strong defense.
Free Consultation, Affordable Rates & Payment Plans Available
We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. The Law Offices of Stewart & Lane also has the availability to consult with several forensic experts to build a strong defense.
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