Weapons charges in Arizona can dramatically impact your future. If you or a loved one has been arrested or charged with weapons misconduct in Bullhead City, you cannot afford to wait to see if things work themselves out. There are severe consequences attached to these offenses — including felony charges and time in Arizona State Prison (ADCRR) for felony conviction — and it is in your best interest to act swiftly to protect yourself. That’s why it’s critical you work with a skilled Bullhead City misconduct involving weapons lawyer as soon as possible.
Here at Lerner and Rowe Law Group, our skilled and compassionate Bullhead City criminal defense lawyers are standing by, ready to take your case.
What Makes Up an A.R.S. 13-3102 Charge?
Arizona has strict laws when it comes to weapons offenses. One of the main statutes involved with these cases is A.R.S. 13-3102: misconduct involving weapons. Not only does this statute cover persons using a weapon during the commission of a crime, but it also includes other types of activities, such as:
- Carrying a concealed weapon without a permit (under certain conditions)
- Carrying a weapon on school grounds
- Carrying a weapon when there is a court order forbidding you from carrying one
- Carrying a deadly weapon as a prohibited possessor — this includes those who have previously committed a felony, those who have been declared mentally incompetent by a court, and several other categories of individuals
- Weapon trafficking
- Carrying a prohibited weapon, such as an unregistered machine gun or silencer
Weapon misconduct can fall anywhere between a Class 6 felony, which is the most minor form of felony crime in Arizona, up to a Class 2 felony, depending on the situation. A Class 2 felony can result in a prison sentence of up to 12.5 years for a first-time offense. That’s why it’s so vital that you have the right people in your corner.
Bullhead City, Mohave County, and the Importance of Local Defense Experience
Since Bullhead City is part of Mohave County, any felony weapons charge is tried at the Mohave County Superior Court located in Kingman. If a crime qualifies as a misdemeanor offense, you may be arraigned in Bullhead City Justice Court before being transferred for further proceedings to Kingman.
This entire process – from arraignment through to pretrial proceedings and ultimately a possible trial – will depend a lot on the particular nature of your offense, your prior criminal record, and the evidence against you. The prosecuting attorney’s office in Mohave County has prosecuted a large number of weapons offenses and usually does not give lenient offers when there isn’t solid representation in place for the defendant.
Our lawyers understand the local process here. We know how these crimes are charged, how the prosecution usually builds its case, and where they expect to receive pushback.
What Is a “Prohibited Possessor,” and Are You One?
By far the most common scenario arising out of weapons violation charges in Bullhead City is the defendant being classified as a prohibited possessor. In Arizona, a number of people are prohibited from owning a weapon, including:
- An individual who has been found guilty of a felony offense within Arizona or another state.
- A person who has been determined to be incompetent.
- Anyone who is currently under probation as a result of being convicted of domestic violence.
- Anyone who has a protective order or an order prohibiting them from owning a gun.
- Anyone who does not have the right to be in the country according to federal law.
If you’re found to be a prohibited possessor, it will not matter what your intentions were in carrying or owning the weapon.
However, what may be important is the process through which the evidence was collected and whether your constitutional rights were respected during the search or stop. We investigate every aspect.
Defenses a Bullhead City Misconduct Involving Weapons Lawyer Can Use
Every criminal defense is unique, and we do not take a cookie-cutter approach when it comes to any weapons charge. With that said, here are some common defenses used in these types of cases:
- Improper search and seizure. The Fourth Amendment protects from unreasonable searches. If you were stopped by police without reasonable suspicion, if they searched your vehicle without your permission or probable cause, or if evidence was seized without a warrant, we will seek to suppress this evidence.
- You did not have physical possession. Possession can come in different forms; while you may be physically holding a weapon, you do not necessarily have legal possession of it.
- This case does not fit the legal description. There are instances when the prosecution must prove that an instrument is either a “deadly weapon” or a “prohibited weapon” under Arizona’s statutes. Not all cases are straightforward, and the distinction between a deadly and prohibited weapon is important.
- Affirmative defenses. Arizona laws provide some exemptions. One could argue that they were transporting firearms as part of a legitimate business venture or that the firearm involved wasn’t functional and did not present any danger to anyone around them.
Our highly skilled defense lawyers will conduct the necessary investigation, review the case details, and develop the best strategy for your defense.
Contact a Bullhead City Misconduct Involving Weapons Lawyer 24/7
A weapon misconduct case is not something you should face alone–there’s simply too much at stake. Regardless of whether you’ve faced the criminal justice process previously or your case carries a heavier burden due to your background, we’re ready to hear your side of the story and assist you.
We serve clients all across Bullhead City, Kingman, Lake Havasu City, and Mohave County. You can contact us by calling (602) 667-7777, filling out our online contact form, or using LiveChat.