ARS 13-3102: Misconduct involving a weapon in arizona

Under Arizona law, misconduct involving a weapon is a serious crime with very serious penalties. If you have been charged with misconduct involving a weapon you are facing either a serious misdemeanor or a felony charge — both of which often require mandatory jail time and hefty fines. 

If you have been arrested for weapons misconduct in Arizona, is crucial that you obtain a strong defense for your case as the Maricopa County Prosecutor’s Office aggressively pursues your charges. The veteran criminal defense attorneys of JacksonWhite Law are here to assist you — call us now!  

Arizona Law involving assault or misconduct with a weapon falls under the jurisdiction of A.R.S. 13-3102. Individuals are most commonly charged with misconduct involving weapons when:

1. A weapon is used while committing a crime in Arizona or 
2. A prohibited possessor of a weapon is found to have a prohibited weapon on their person or close enough to them to be considered “in their control”.

Additionally, anyone who knowingly does any of the following can be charged with misconduct involving a weapon:

• Possessing a concealed deadly weapon (excluding a pocket knife), or having control of over one, immediate access to further a serious, or violent crime, or felony; or if they fail to answer a police officer accurately if the police ask them if they have a deadly weapon in their possession
• Carrying a concealed deadly weapon, or have one within their control, while under 21 years of age
• Possessing dry ice to use as a deadly weapon —this also includes selling, manufacturing, transferring, or transporting it for use as a weapon
• Possessing or having control over a deadly weapon as a Prohibited Possessor (felon) , as described under Arizona Law
• Giving or selling a deadly weapon to a Prohibited Possessor
• Defacing the appearance or surface of a deadly weapon
• Using or having immediate control over a deadly weapon in the process of committing a felony
• Unlawfully discharging a gun at an occupied building or structure in furtherance of a crime for a street gang or syndicate.
• Possessing a deadly weapon on school grounds
• Entering an election polling place on the day of an election carrying a deadly weapon 

If you have been charged with misconduct involving weapons, the penalties will depend on the severity of the crime committed as well as the type of weapon involved. 

Penalties for misconduct with a weapon range from a class 3 misdemeanor (carries a penalty of up to 30 days in jail) to a class 2 felony (carries a presumptive term of 5 years and up to 12.5 years if the charge was considered aggravated). 

If you have been charged with misconduct involving a weapon, hiring an experienced criminal defense attorney to assist you with your case can result in obtaining more lenient penalties. 

Not only can you be charged for illegally carrying a weapon on your person, a police officer may also arrest you and charge you with misconduct for simply being near a deadly weapon. 

One of the most common forms of charging someone for being in the close vicinity of a weapon occurs when an officer pulls someone over and while searching their car finds a deadly weapon beneath their seat or in the glove compartment. 

When a deadly weapon is in close proximity to an individual, the weapon is determined to be “within control” of that individual and this simply means that they could easily reach over to the weapon and use it to commit a crime and the penalties are just as severe as if you were carrying the weapon. 

There are several defenses if charged for having a deadly weapon within your control, but it is best that speak with an attorney soon after being charged to ensure your case is handled properly.

Contrary to popular belief, having a valid concealed carry permit for the State of Arizona does not allow you to carry a gun with you wherever you go and it does not mean you are above the law in regards to the reasons a person can be charged for misconduct listed above. 

Some places such as schools, government buildings, polling locations on a voting day and post offices are always off limits to carrying a firearm, but any establishment can restrict guns on their property. If a business has a no firearms sign posted at their entrance, you must obey their request. 

Whether you have multiple offenses or have never been convicted of a crime and are facing misconduct involving a firearm charges, JacksonWhite criminal defense attorneys understand what good representation can do for your case. 

Contact the criminal defense attorneys at JacksonWhite Law today to schedule your free case review and allow their experience to find a legal path that best suits you and your circumstances.

Call us now at (480) 660-3438