Articles Tagged with chandler drunk driving

by

AZ DUI Law, Felony DUI Penalties

“The cost of retaining a good Chandler DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Felony DUI Charges in Chandler.”
If you were arrested for felony DUI charges in Chandler, AZ you should obtain a free consultation with a Chandler DUI lawyer as soon as possible. A felony DUI conviction in Chandler will expose you to severe penalties. You will need a qualified Chandler DUI attorney to defend your Felony DUI charges if you wish to have any chance at getting a good outcome in your case.

Felony DUI – Arizona Laws:
There are three aggravating factors that will cause a Chandler Misdemeanor DUI to escalate to a Felony DUI charge. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI arrest while you driving on a suspended, restricted or revoked driver’s license – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) You just received a new DUI charge and it is your third DUI in 7 years and you were convicted of at least two of them within the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle – Class 6 Felony
DUI Penalties – Felony DUI Sentencing Guidelines in Arizona
A Felony DUI conviction for Chandler DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences that range from 1 day to 1 year;
• Incarceration in Prison from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device (at your expense;)
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record
Felony DUI Penalties for Chandler DUI sentencing for convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Chandler DUI Lawyer – Felony DUI Defense Chandler AZ

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Chandler DUI Attorney will know what to look for and obtain evidence needed to argue for a mitigated sentence if you are convicted of a felony DUI charge.

http://www.youtube.com/watch?v=O64bhzXLwtI

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. But an experienced Chandler DUI lawyer or good AZ criminal defense lawyer will advise you that almost any Chandler Felony DUI charge can be challenged, regardless of the classification. Proven Chandler DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a private practice AZ DUI Attorney or Criminal Defense Lawyer in Arizona.

Continue reading

by

10 Tips to Finding the “Best” DUI Lawyers in Chandler AZ!

Why You Need the Best Chandler Criminal Attorney to Defend your Criminal Charges
Chandler AZ DUI or Criminal prosecutors, egregiously pursue convictions for DUI & Criminal charges in Chandler. Your chances of getting a DUI or criminal charge dismissed in Chandler AZ, increase dramatically with the retention of a DUI or criminal lawyer in Chandler to represent you. It’s a fact that the effectiveness of your criminal defense lawyer can mean the difference between losing your freedom, and getting your charges dropped. It is very rare, if ever, that a person facing Chandler DUI or criminal charges get them dismissed, without retention of an experienced private practice DUI attorney who defends charges in Chandler, AZ. The cost of your freedom and future are much too high to ignore this fact.

10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Chandler AZ Charges

1) Narrow your search by location: Decide how far you are willing to travel to retain a good DUI or Criminal Defense Attorney;
2) If you are not in a position to commute to a criminal defense law firm, but you wish to hire that attorney, they will usually help you make other arrangements. For example, if the client is in jail, the attorney would simply meet travel to where they are to meet with them. A few DUI or criminal attorneys in Chandler AZ charge separately for a jail or prison visit. But if retained, most Maricopa County criminal defense attorneys include it as part of the pre-trial service fees and do not charge extra for the jail visit;
3) You can call The Arizona State Bar, to verify they are licensed as an “Attorneys” in Criminal Defense which encompasses DUI defense. Make sure they are licensed to practice in Arizona and within Maricopa County;
4) Attorneys in other practice areas you know can prove to be good referrals. Ask them who they would hire or recommend. Many lawyers travel in the same circles for seminars, continuing legal education, or other law forums;
5) The best source of referral is from friend, family, or other person with whom you trust; But you should use caution and refrain from discussing details surrounding your charges. You may inadvertently harm your defense and your statements to them may later be used against you. That person may later be subpoenaed or called upon to testify against you. Also, if you call them from the jail or prison, remember that all calls from detainees and inmates are recorded and can also be used against you by the prosecution
6) Reviews from prior clients: There are many places to find reviews including websites, search engines, directories, and many other sources on the internet;
7) By now you should have narrowed your search down to a few choices; Consult at least two or three; discuss your charges and defense options. Most AZ DUI & criminal defense lawyers who defend charges in Chandler AZ usually provide free consultations; If they charge for this service, it is this author’s opinion that you politely say “no-thank-you” and move on to your next choice;
8) Avoid asking “if they can get your case dismissed”. They have not been in contact with the prosecution, seen the evidence, or worked your case. No attorney has a crystal ball. If an attorney “guarantees” they can get your charges dismissed, head for the exit or move on to the next call. They are simply giving you false hopes. You what a trustworthy and ethical lawyer who will respect you with truthful and realistic responses;
9) Ask them about their education, trial experience, credentials, training and anything else that will make you feel you have found the best attorney for the job.

10) Consider costs and fees; but don’t make the cost the only or most important factor in your decision; you’re not searching for the cheapest gallon of gas in town. There is a lot more at stake to consider, and you need to look at service to value. There is nothing a busy attorney dislikes more than someone “calling around” for price checks as though the attorney was selling widgets; Price is not necessarily an indicator of the attorney’s experience, qualifications, or level of service they provide. But if the quote does not sound reasonable to you then move on. On the other hand, if it sounds too good to be true it probably is.

If you use these tips, they will most likely lead you to the best DUI or Criminal Defense lawyer to defend your Chandler DUI or criminal charges.

If you found this post helpful and “Like” it, please let us know! Feel free to “Share”!

Continue reading

by

Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests

DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.

AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test

If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).

Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.
1. Errors occurred in the conducting of the blood test.
2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.
3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;
4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;
5. Due to improper labeling the blood sample belonged to someone else other than you.
6. The blood sample container was not properly sealed during storage and transport;
7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.
8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.
9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.
10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.

Criminal Lawyers for DUI or Drug Charges in Chandler AZ
When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.

Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution’s blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.

Continue reading

by

The Best Criminal Attorney in Chandler AZ is the One that is Right for You.

There are plenty of good criminal and DUI defense lawyers who defend criminal or DUI charges in Chandler AZ. But the question is which one is right for you? It will take some effort on your part. It likens to the age old cliché “Sweat now, bleed less later.”

Here are some tools that will help you make your decision. Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your criminal or DUI charges in Chandler AZ: :

Continue reading

by

ONE DUI DEFENSE THAT CHANDLER PROSECUTION DOESN’T WANT YOU TO KNOW ABOUT…

Chandler AZ DUI Charges

If you face Chandler DUI you should consult a criminal defense attorney or DUI lawyer who defends cases in Chandler AZ as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country. However, a charge is not a conviction. You have a constitutional right to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good DUI defense lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Chandler DUI.

One Chandler DUI Defense – Second Breath Test Out of Range

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 blood alcohol concentration (BAC). If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

Chandler AZ DUI Defenses
There are many DUI defenses that can be used to defend your DUI charges in Chandler Arizona. A good DUI lawyer who defends DUI charges in Chandler Court will know what DUI defense strategies can be used in your case. The above defense is just one of many defenses surrounding breath testing results. Below is an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading

by

Gilbert Criminal Defense | Criminal Rights
Resisting Arrest Charges in Gilbert AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Gilbert AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Gilbert Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Gilbert is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Gilbert Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Gilbert AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Gilbert you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Gilbert
You will need a strong defense, and a criminal defense Attorney in Gilbert who will present compelling arguments regarding your case and side of the story. Make sure they defends cases in Gilbert such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Gilbert criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading

by

Mesa Criminal Defense | Criminal Rights
Resisting Arrest Charges Mesa AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Mesa AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Mesa Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Mesa is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Mesa Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Mesa AZ prosecution is intolerant of these matters because they involve a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Mesa you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Mesa
You will need a strong defense, and a criminal defense Attorney in Mesa who will present compelling arguments regarding your case and side of the story. Make sure they defend cases in Mesa such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Mesa criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading

by

Gilbert Criminal Defense Attorney Weapon Charges
“The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.”

Weapon Charges in Gilbert AZ
Gilbert AZ weapons charges including Gun charges are commonly paired with other criminal offenses that occurred involving the weapon or gun. Weapon charges and gun charges can be very serious. If you were arrested or face any type of weapon or firearm charges in Gilbert AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Gilbert AZ court through the criminal justices system. A Gilbert conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving weapons for which sentencing will be more severe include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above
Some stand alone Gilbert AZ weapons offenses including guns and firearms include but are not limited to the following and generally classified as Misconduct Charges:

• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number
Gilbert AZ Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Arizona Weapon Laws
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

“A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120”
(Citations from www.azleg.state.az.us)

Weapon Charges and Gun Charges Defense Gilbert AZ
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Gilbert AZ criminal defense, weapon’s charge defense attorney or attorney who defends weapon charges often in Gilbert criminal justice system and Gilbert courts, frequently, if you have been charged or arrested for any weapon charge. A qualified Gilbert criminal Lawyer will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties.
An experienced Gilbert AZ weapon charges defense attorney will do everything possible to challenge and suppress any evidence against you, attempt to get your charges reduced, or dismissed or the otherwise best possible outcome in your case. Every weapons charge case is different and the defenses that will be used may be different. Cases and their outcomes vary greatly depending on the circumstances, strength of the prosecutions evidence and many other factors surrounding the charges.
The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

Continue reading

by

Scottsdale Criminal Defense | Criminal Rights
A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s case their witness statements or evidence, determine if there were any violations of your constitutional rights occurred, and build a strong defense case in an effort to get you the best outcome and avoid a felony conviction.
Resisting Arrest Charges in Scottsdale AZ
Resisting arrest charges often are coupled with other violations for which you were initially being detained. If you were arrested or face resisting arrest charges in Scottsdale AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Scottsdale Arizona.

Resisting Arrest Charges in Scottsdale is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Scottsdale Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Scottsdale AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Scottsdale you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Scottsdale
You will need a strong Scottsdale criminal defense lawyer who can present compelling arguments regarding your side of the story. You will need a good criminal attorney who defends these types of cases in Scottsdale on a regular basis and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading

by

Phoenix Criminal Attorneys
Unlawful Discharge of Firearm Charges Phoenix AZ
Violations of this law, if convicted are harsh. If you have been charged or arrested for discharging a firearm unlawfully 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. Arizona aggressively prosecutes most all weapons charges and penalties are especially severe for firing a gun unlawfully.

The Phoenix police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities including Phoenix AZ use special equipment designed to alert them to the location from which a shot was fired. Random discharge of firearms occurs often during holidays, or other celebrations. The laws surrounding this charge can be found in A.R.S. 13 -3107. This law is often referred to as “Shannon’s Law” named after an Arizona girl who was shot and killed in 1999 by a randomly fired gun.

Arizona Laws: Unlawful Discharge of a Firearm
The laws surrounding this charge can be found in A.R.S. 13 -3107:
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.”

Arizona Criminal Penalties for Unlawful Discharge of a Firearm
Penalties in Arizona 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 but are not limited to supervised felony probation and fines and other penalties. Due to the severe punishments you potentially face if convicted of this charge, it is important that you retain an experienced criminal defense attorney who frequently defends these types of criminal charges in Phoenix and Maricopa County frequently.

Phoenix Criminal Defense Lawyer for Unlawful Discharge of a Firearm Charges
You will need a strong criminal defense to help defend your Unlawful Discharge of a Firearm charges through the Criminal Justice System. A good criminal attorney will examine all the evidence, interview or depose witnesses or police, and determine what the most effective defense strategy will be needed to mount a successful defense on your behalf. The retention of an experienced Phoenix criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Phoenix criminal lawyer, for Unlawful Discharge of Firearm Charges is one of the keys to enable your criminal defense attorney to mounting an effective defense on your behalf.

Continue reading

Contact Information
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2024, Law Office of James Novak
JUSTIA Law Firm Blog Design