Gun Laws

May 13, 2023

Arizona Defendant Involved in Shooting Incident Successfully Appeals Guilty Conviction

In a recent case on appeal from a Maricopa County superior court, the defendant asked that his conviction for discharging a firearm at a nonresidential structure be reversed. Importantly, the defendant argued that there was insufficient evidence to support the jury’s finding that he intentionally shot a nightclub building on the night of the incident in question. Agreeing with the defendant’s argument, the court reversed and remanded the case, giving the defendant another chance before the trial court.

Facts of the Case

According to the opinion, the defendant got into an altercation one evening outside of a nightclub with another individual. He ended up trying to shoot the individual, but he missed and hit the actual nightclub instead. No one was injured, but the bullets hit a metal tripod inside the building as well as a block wall on the outside of the building.

The defendant was charged with discharging a firearm at a nonresidential structure, aggravated assault, and endangerment. At trial, he argued that he was acting in self-defense, and the jury found him not guilty of aggravated assault and endangerment. The jury did, however, find him guilty of discharging a firearm at a nonresidential structure, and the defendant was sentenced accordingly.

June 17, 2021

Arizona Man Challenges Length of Traffic Stop After Drug Arrest

by James E. Novak, P.L.L.C.

Law enforcement agencies often use traffic stops or other small municipal code violations as a pretext to investigate a suspect for more serious criminal activity. Many arrests and convictions for serious crimes occur only after a law enforcement officer has stopped or detained a suspect for a less serious offense, and decided to expand the scope of their investigation to look for evidence of further criminal activity. These law enforcement tactics are permissible in some circumstances, however, if a police officer expands the scope of a minor traffic stop without legal justification, it may be possible for a defendant to suppress any evidence obtained through the officer’s unlawful tactics. The Arizona Court of Appeals recently issued an opinion in an appeal filed by a man who was convicted of several serious offenses after he was stopped for violating traffic laws.

The defendant in the recently decided appeal is a man who was convicted of several felony offenses relating to drugs and weapons that he allegedly had in his vehicle and were discovered after a traffic stop. According to the facts discussed in the appellate opinion, the defendant had been under investigation for several months for alleged drug activity, however, he was initially stopped by a uniformed officer after he was witnessed violating several minor traffic laws. After the defendant was stopped, several rounds of questioning ensued as to his reason for being in the area. The officer also administered field sobriety tests waiting for a K-9 unit to arrive. After some delay, the police dog arrived and alerted the officer to narcotics in the vehicle. A subsequent search of the vehicle discovered significant amounts of drugs and weapons. The defendant was arrested, charged, and ultimately convicted.

After his conviction, the defendant appealed to the Arizona Court of Appeals, challenging the trial judge’s decision to allow the evidence discovered at the traffic stop to be used at trial. The defendant argued that the officer exceeded the scope of the traffic stop and unreasonably delayed the stop in order to allow time for the K-9 unit to arrive and search for the drugs. The appellate court did not completely agree with the trial judge’s ruling that the scope of the traffic stop was not expanded; however, the court upheld the ruling and conviction because the defendant was the subject of an ongoing narcotics investigation, and the law enforcement agents involved all had reasonable suspicion to perform a search based on the evidence gathered in the months-long investigation, as well as what they had witnessed the day of the arrest. As a result of the appellate ruling, the defendant’s conviction will stand, and he will be required to serve out his prison sentence.

January 3, 2017

4 Deadly Arizona Criminal Charges in Domestic Disputes

Aggravated Assault, Weapons Misconduct, Domestic Violence, Failure to Obey Police Orders: Laws, Penalties, and Criminal Defense in Arizona

by James E. Novak, P.L.L.C.

In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

March 31, 2016

Your Right to Request Change of Judge in Arizona Criminal Court

Criminal Defense Challenges for Prohibited Possession of Firearms Charges in Arizona

by James E. Novak, P.L.L.C.

Questions before the Court

The Arizona Rules of Criminal Procedure afford parties the right to request a change of judge before trial. But these rights are not without limitations.

In a recent case, an Arizona appellate court reviewed a defendant’s conviction for misconduct involving weapons. The appeal centered around two arguments, one being the defendant’s request for a new judge.

First, defendant had requested a peremptory change of judge under Arizona Rule of Criminal Procedure 10.2, which was denied by the trial court.

Secondly, the defendant challenged the sufficiency of the evidence used to obtain the conviction.

In this article we will also, take a closer look at the arguments, and summarize three concepts related to the Rules of Criminal Procedure for trial, which were addressed in this case:

The Right of the Parties to Request Change of Judge;
Special Actions v. Direct Appeals; and
Judgement of Acquittal

We will also discuss the proceedings, final ruling, the right to bear arms, procedural and evidentiary challenge in trial, and criminal defense for weapons charges.