Misconduct Involving Weapons
Arizona Criminal Defense Attorney
Misconduct Involving Weapons
Crimes involving misconduct with weapons can carry serious charges and punishments, especially for those with prior criminal or felony convictions. Whether this is your first offense or you have no prior criminal convictions, the Phoenix gun crimes attorneys at the Litwak Law Group can aggressively and professionally handle your case.
What Qualifies as Misconduct Involving Weapons?
Section 13-3102 of the Arizona Revised Statutes lists Arizona’s misconduct involving weapons law. A.R.S. § 13-3102 states that someone commits this crime when he or she knowingly performs certain actions while carrying deadly weapons i.e. an armed robbery. All of the following could result in a “misconduct involving weapons” charge:
- Possessing a deadly or prohibited weapon if the defendant is a prohibited possessor, or knowingly selling/transferring a deadly weapon to a prohibited possessor.
- Manufacturing, possessing, selling, transferring or transporting a prohibited weapon. Possessing dry ice with the intent to cause injury or death also qualifies as a “weapon” for the purposes of this statute.
- Carrying a deadly weapon within the immediate control or concealed on his/her person on a means of transportation (or concealed within immediate control if the person is under the age of 21). Does not include pocketknives.
- Defacing a deadly weapon or knowingly possessing a defaced deadly weapon.
- Committing any felony offense according to R.S. Title 13 Chapter 34 (drug offenses) while possessing or using a deadly weapon.
- Discharging a firearm in an occupied structure with the purpose of assisting or furthering the interests of a street gang, criminal, or racketeer. Trafficking in weapons for financial gain in the same circumstances is also illegal.
- Entering a public place or public event while carrying a deadly weapon after the property owner or event sponsor has asked the defendant to remove the weapon.
- Entering an election poll on the day of an election, school grounds, or a nuclear or hydroelectric generating station carrying or possessing a deadly weapon.
- Giving a firearm to someone knowing that the person would use it to commit a felony.
- Using or possessing a deadly weapon with the intent to commit assault or further any act of terrorism or knowing that someone else will use the weapon for terrorism.
Law enforcement can charge a variety of weapons-related actions and activities as “misconduct involving weapons.” If you are investigated for one of these crimes DO NOT speak with law enforcement. Even if the officer tries to convince you that it would be better for you, you have a 5th amendment right not to speak with the officer. Let the Attorneys at Litwak Law Group aggressively litigate your case and protect your constitutional rights.
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If you are facing criminal charges, contact the Litwak Law Group now to schedule a free consultation.
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