Phoenix Unlawful Discharge of Firearm Attorney
Firearms naturally come with dangers. This is why, like in other states, Arizona criminalizes the unlawful discharge of a firearm. It’s treated as a grave crime that can land you in jail for years. So to avoid a conviction or the maximum penalties, work with an expert Phoenix unlawful discharge of firearm attorney.
At The Law Office of Joshua A. Lopez, LLC, we can offer you a proactive, efficient, and aggressive criminal defense service. We are well-versed in Arizona firearm laws and can give invaluable insights on how to best prove your innocence. Or, at the very least, prove that you don’t deserve a felony conviction and the maximum penalties for your alleged crime.
Our criminal defense attorney will review every detail of your case with the utmost meticulousness. We will formulate the most suitable defense strategy for your case. We will also take charge of handling all necessary paperwork, gathering pieces of evidence, and collecting testimonies to support your defense.
Remember that working immediately is crucial. As soon as you know that you’re being charged with unlawful discharge of a firearm, talk to our defense lawyer right away. Don’t worry because our initial assessment is free!
Call The Law Office of Joshua A. Lopez, LLC today at (480) 630-1143 for your Initial Consultation with a Phoenix Unlawful Discharge of Firearm attorney.
Unlawful Discharge of Firearms in Arizona
According to the Arizona Revised Statute § 13-3107, the unlawful discharge of firearms is a class 6 felony. It is also often classified as a dangerous offense, which can increase your penalties once convicted. This can mean that first-time offenders will have to face mandatory prison time if convicted.
The unlawful discharge of firearms is also known as “Shannon’s Law.” This is due to the tragic death of a 14-year-old girl named Shannon Smith, who was killed by a stray bullet. By the time of Shannon’s death, the prosecution could only charge the perpetrator with a misdemeanor. Shannon’s Law was passed in 1999, making unlawful discharge of firearms a felony.
Further, a person discharging a firearm within or into city limits is only guilty of a class 6 felony if they acted with criminal negligence. Criminal negligence occurs when a person grossly deviates from how a reasonable individual would observe care in similar circumstances.
Some situations that show criminal negligence and can result in a criminal charge for unlawful discharge of firearms include the following:
- Firing a gun into the air within a crowded area.
- Shooting in the general direction of another person without the intent to hit them.
- Firing a gun at another person’s vehicle during a road rage.
- Shooting from a moving vehicle (i.e., drive-by shooting).
Penalties for Unlawful Discharge of Firearm in Arizona
As defense lawyers specializing in cases involving the unlawful discharge of firearms in Phoenix, Arizona, we know how dire consequences can be if a conviction cannot be avoided.
Since the crime is a class 6 felony, possible penalties include prison time, probation, stripped right to possess a firearm, and other punishment that the judge will deem necessary. The specific penalties you may face will depend mainly on your prior felony convictions and the type of your offense (dangerous or non-dangerous).
Here are the possible prison sentences that you’ll face:
First-Time Offense
Non-dangerous: Imprisonment from .33 to 2 years. You’re also eligible for probation.
Dangerous: Mandatory jail time ranging from 1.5 to 3 years.
Second Felony
Non-dangerous: Imprisonment from .75 to 2.75 years.
Dangerous: Jail time ranging from 3 to 4.5 years.
Third Felony
Non-dangerous: Imprisonment from 1 to 3.75 years.
Dangerous: Jail time ranging from 4.5 to 6 years.
If you want a clearer idea of what a conviction entails, talk to our Phoenix unlawful discharge of firearm attorney now. We’ll discuss the possible outcome of your case, help you prepare your defense, and lead you in making the most beneficial legal actions.
When is It Allowed to Discharge a Firearm in Arizona?
A person who shoots a gun in public is guilty of unlawfully discharging a firearm, except for the following instances:
- You shoot the gun in lawful self-defense.
- You were in a firing range with proper supervision when you fired the gun.
- You shot the gun while participating in the hunting season, as sanctioned by the Arizona Game and Fish Commission.
- You fired to control “nuisance wildlife” as permitted by the Arizona Game and Fish Department.
- You fired the gun under the special permit of the chief of police.
- You shot the gun as required by an animal control officer.
- You fired a gun that’s not loaded with ammunition (blanks).
- You fired the gun in self-defense against an animal attack.
- You shot the gun more than one mile from any occupied structure.
Our Phoenix defense attorneys can help you prove that the following exceptions are applicable to your case. Discuss with us today so we can plan a strategy and gather evidence as soon as possible to support your claim.
Effective Defense for Unlawful Discharge of Firearm Cases?
The Law Office of Joshua A. Lopez, LLC has been providing quality legal services for many years now. Our in-depth knowledge of Arizona criminal law and how the justice system works allows us to create an effective defense strategy for each unique case we handle.
We tailor our defense service to the particular needs of each client. We do this after thoroughly examining each case and its available facts.
The following are some of the main defense points that we can personalize to suit your specific circumstances:
No Negligence
The burden of proving that they acted with criminal negligence beyond reasonable doubt lies on the prosecution. They must demonstrate that you failed to obey safety guidelines. But if there is no concrete evidence that can support your alleged criminal negligence, we can always claim that you acted in a way that a reasonable person would also do under the same situation.
Mistaken Identity
If the alleged unlawful discharge of a firearm happened in a crowded space or during a large gathering, we could argue that the witness mistakenly pointed you out as the shooter.
Lack of Evidence
In crimes involving guns, we can request fingerprint analysis, DNA analysis, gunshot residue analysis, and chemical testing. This will help prove that you didn’t have contact with the weapon used in the incident. And if we prove that you didn’t fire the gun presented as evidence by the prosecution, we can fight that there’s no evidence tying you to the alleged unlawful firearm discharge.
To know which defense will work best in your case, let our criminal defense lawyer examine your case as soon as possible. Our Phoenix, AZ law firm will do our best to prove your innocence or, at the very least, convince the judge to let you off with minimal penalties.
Work With the Best Phoenix Unlawful Discharge of Firearm Attorney
At The Law Office of Joshua A. Lopez, LLC, you can rely on our commitment to helping clients defend themselves against criminal charges. We conduct a meticulous case assessment at the beginning of every partnership, allowing us to gather every detail relevant to preparing your defense.
With our help, you won’t have to worry about filling out technical legal paperwork or conversing with the other party. Our lawyer will handle all these with guaranteed efficiency, skills, and knowledge.
We will also provide compelling arguments on your behalf as we represent you in court. Rest assured; we will employ the best legal strategy to keep your freedom. And if that’s not possible due to the incriminating evidence against you, we will work on reducing your penalties to the minimum.
Call The Law Office of Joshua A. Lopez, LLC today at (480) 630-1143 for your Initial Consultation with a Phoenix Unlawful Discharge of Firearm attorney.