Arizona Criminal Defense Attorney Blog
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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.
If you have been arrested or received criminal charges in Phoenix for unlawful discharge of a firearm, or any other Phoenix AZ criminal charge or DUI contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Phoenix AZ, and valley wide within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.