The P83 Entertainment District draws crowds every weekend — restaurants, movie nights, live events, and a packed parking lot that can turn tense in seconds. When a verbal confrontation escalates and someone reaches for a firearm, Peoria police respond quickly and they arrest first. If you or someone you care about is facing a P83 district weapon arrest, you need to work with a Peoria disorderly conduct with a weapon lawyer to understand exactly what charge you’re looking at, how serious it is, and what it takes to fight it.
This isn’t just a “disturbing the peace” situation. Under Arizona law, it’s potentially a felony—and a felony record changes everything. Read on for this guide from the attorneys at Lerner and Rowe Law Group to learn more about these charges.
What ARS 13-2904(A)(6) Actually Says
Most people have heard of disorderly conduct. It covers a wide range of behavior—making unreasonable noise, fighting in public, and refusing to disperse. But subsection (A)(6) is in a different category entirely.
According to section 13-2904(A)(6) of the Arizona Revised Statutes, a person who recklessly handles, displays, or discharges a deadly weapon or dangerous instrument commits felony disorderly conduct in Peoria, AZ.
Raising one’s shirt to reveal a hidden weapon during an altercation. Brandishing a firearm in Arizona and holding the weapon while shouting at others in the parking area. Using a firearm to wave at someone to intimidate them into moving. All such acts will amount to a felony as per this statute.
ARS 13-2904(A)(6) is a Class 6 felony, which is the lowest felony charge possible under the Arizona statute but is still a felony. It has all the serious consequences associated with a felony offense.
The Definition of “Brandishing” Under Arizona Law
There’s no specific Arizona law with the term “brandishing” written in it—however, the notion of “brandishing” clearly falls under section ARS 13-2904(A)(6). When a person refers to “brandishing” their weapon in Arizona, this almost always means actions that fall under this statute.
Recklessness is the crucial point in most prosecutions. The law states that reckless behavior means consciously taking on a substantial and unjustified risk, where you recognize the possibility that showing your firearm at that time and location can alarm, scare, and put people at danger.
Prosecutors often have trouble proving the distinction between lawful carrying of a weapon and its unlawful brandishing. Arizona allows for the open carrying of guns. This means that the mere carrying of a gun cannot be considered “brandishing.” However, as soon as this action turns into a confrontation, the situation changes drastically.
Bell Road Road Rage and the P83 Parking Problem
Bell Road is known to have some of the worst traffic anywhere in the West Valley. There is heavy congestion, frustration, and a relatively small number of places to exit onto. Bell Road road rage gun charges that eventually spill over to the P83 parking structure are quite frequent for our Peoria clients.
Someone cuts another driver off. Verbal arguments ensue at a stoplight. Within minutes, both drivers find themselves parking their cars at P83. The argument heats up, and a gun comes out.
It can sometimes be quite difficult to figure out what happened when the Peoria police arrive because of all the conflicting witness statements, the blurry cell phone videos, and two people giving their separate accounts of what happened. When it comes to road rage gun charges on Bell Road, there are rarely any clear-cut details involved.
The True Impact of a P83 District Weapon Arrest
Many defendants facing charges under ARS 13-2904(A)(6) have had no run-ins with the police before. The reason they were arrested might have been simple fear or anger that got out of hand.
Here’s how a felony conviction for disorderly conduct can impact you:
- Jail time: A Class 6 felony offense is associated with a sentence of at least 1 year of incarceration in an Arizona state prison, where the period ranges from 4 to 24 months.
- Probation: Even if jail is waived, supervised probation is expected, with strict terms attached.
- Firearms rights revocation: Upon a felony conviction in Arizona, the defendant will not only face jail or fines but also lose their right to own or acquire guns according to state and federal firearm statutes.
- Jobs lost: Employment options such as working in hospitals, nursing homes, schools, construction sites, government contracting firms, and security become out-of-the-question with a felony conviction.
- Background checks: Just one arrest can affect housing, professional licenses, and custody battles.
It’s for all of these reasons that it’s vital you work with a skilled P83 District weapon arrest lawyer.
Self-Defense Defenses – Situations Where They Work and Where They Fail
The first thing many of our clients say to us is that “I was just defending myself.” We listen carefully. Self-defense claims can be very strong because Arizona law has powerful self-defense laws—ARS 13-404 states that the use of physical force is justified where one reasonably believes that it is necessary to defend against another’s unlawful use of force.
However, a self-defense claim is a statutory affirmative defense, which requires several factors to apply:
- You did not incite the confrontation—If you provoked or instigated the fight yourself, then claiming self-defense becomes more difficult.
- The danger must be imminent—previous threats or anticipatory fears of danger do not allow you to brandish weapons.
- The reaction should be reasonable and proportional—You would find it hard to make a self-defense claim where your reaction involved displaying deadly weapons in reaction to mere verbal threats.
- You do not have a duty to retreat, but still be aware of the circumstances—While Arizona is a no duty to retreat state, this does not mean that juries and judges ignore the circumstances surrounding the event.
This does not mean that arguments for self-defense cannot be used. It just means that they must be crafted wisely using correct information and the help of a lawyer familiar with the way Maricopa County deals with such cases.
Contact a P83 District Weapon Arrest Lawyer Now
The weapon charges that you could face after a gun incident at P83 or elsewhere in Peoria may seem threatening, but it’s important to remember that an arrest does not mean a guilty verdict. By working with a Peoria criminal defense lawyer right away, you’ll be giving yourself the best shot at avoiding a conviction.
Call our office now at (602) 977-1900, fill out our contact form, or use LiveChat to get started. We will ask you what really happened, explain all possible outcomes of your situation to you, and provide a straightforward opinion on the ways to proceed.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.