Have you or a loved one recently been charged with discharging a firearm in Phoenix? If so, you may need to contact Arizona criminal defense attorneys. Hiring a lawyer can help you navigate the legal system and ensure that your rights are protected.
Here is a closer look at the laws on discharging a firearm within Phoenix city limits and what you should do when facing these charges.
Is it Legal to Discharge a Firearm in Phoenix?
Discharging any firearm, BB gun, or sling shot anywhere within city limits, especially near homes, roads, parks, is not legal per “Shannon’s Law” A.R.S. § 13-3107, Phoenix City Code § 23‑42, and Phoenix City Code § 24‑44. That includes celebratory or warning shots. There are a few exceptions to the rule.
Discharging a firearm in Phoenix is allowed if:
- It follows laws in Chapter 4 of the same title.
- It occurs at a properly supervised shooting range.
- It is for lawful hunting during an open season, following Game & Fish rules, and not within ¼ mile of an occupied structure without consent.
- It is for controlling nuisance wildlife with a proper permit.
- It is done under a special permit from the police chief.
- It is required by an animal control officer performing official duties.
- It involves firing blanks.
- It happens more than one mile from any occupied structure.
- It is done in self-defense or to protect another person from an animal attack, when reasonably necessary.
What Is Disorderly Conduct with a Firearm?
Alongside the potential charges under Shannon’s Law, which makes it a felony to fire a gun within city limits without a valid reason, individuals might also find themselves facing charges for disorderly conduct with a firearm.
Disorderly conduct with a firearm is a charge typically used when an individual displays a weapon in a public space in a way that scares or disturbs the peace of others, such as threatening or intimidating someone with a gun.
Disorderly conduct with a weapon is a Class 6 felony and is classified as a “dangerous” offense, which significantly increases the penalties and requires a mandatory prison term if convicted at trial.
Penalties for Disorderly Conduct Involving a Firearm
Phoenix firearm discharge laws consider this charge a Class 6 felony. This comes with a mandatory minimum sentence of 1.5 years, according to the criminal sentencing charts for the Arizona judicial branch. The maximum prison sentence for disorderly conduct with a firearm is three years.
However, many factors influence the severity of the penalties. For example, if you have prior felony convictions, you may have a lengthier mandatory minimum sentence of three to six years.
Possible Defense Against Disorderly Conduct Charges
If you’re facing disorderly conduct or unlawful discharge charges in Phoenix, you have the right to defend yourself in court.
Here are a few of the most common defenses:
- Self-defense: You were legally protecting yourself or others.
- Provocation: You were pushed into the situation.
- Lack of intent: You didn’t mean to threaten or alarm anyone.
- Lack of evidence: The prosecution can’t prove their case beyond a reasonable doubt.
- Inoperable firearm: The weapon couldn’t be fired or was a fake, which weakens the prosecution’s argument.
How a Phoenix Criminal Defense Lawyer Can Help
Discharging a firearm within Phoenix city limits could lead to serious criminal charges. In these situations, it’s incredibly important to have reliable legal assistance.
A Phoenix criminal defense lawyer can help you understand the laws and possible consequences of the charges. They can also provide suggestions on how to proceed, including developing your defense and negotiating with prosecutors.
Discharging a Firearm in Phoenix FAQs
First comes the arrest and booking or a criminal summons if charged by direct complaint, followed by the arraignment. The arraignment is when you’re brought before a judge and informed of the charges. Next comes the pre-trial and trial. It’s important to talk to a lawyer as soon as possible so you can receive guidance through every step.
One of the biggest mistakes is underestimating the seriousness of the charges. Discharging a gun is considered a serious offense that could result in years of jail time. People also frequently take plea deals too quickly and talk to law enforcement without legal representation.
Contact Lerner and Rowe Law Group for Your Defense
At Lerner and Rowe Law Group, we have years of experience defending against illegal discharging of firearm charges, disorderly conduct charges, and other criminal charges within Phoenix city limits.
You can rely on our award-winning criminal lawyers to provide effective legal defense, no matter the severity of the charges that you face.
Call us today at (602) 667-7777 for a free, no-obligation consultation. We’ll explain your legal options, answer your questions, and discuss affordable payment plans.