Fall brings festivals, outdoor gatherings, holiday celebrations, and other events throughout Chandler. From activities around Downtown Chandler and Dr. A.J. Chandler Park to seasonal gatherings near SanTan Gardens, these events can draw large crowds and increased police activity. When someone reports hearing a gunshot, however, the circumstances may not always be immediately clear. Arizona law makes certain firearm discharges within municipalities a serious criminal offense. If you are accused of unlawful discharge, a Chandler firearm discharge defense attorney from Lerner and Rowe Law Group can help you understand the allegations and evaluate the evidence against you.
To learn more and get your free consultation, get in touch with the Chandler discharge of a firearm in city limits lawyers at Lerner and Rowe Law Group today.
Chandler Fall Events Firearm Discharge Defense and Arizona Law
A.R.S. 13-3107, sometimes referred to as Shannon’s Law, focuses on firearm discharges that occur within or into a municipality. The prosecution must establish the elements of the offense, including the required level of criminal negligence.
The law also contains several exceptions. For example, the statute does not apply to certain discharges on properly supervised shooting ranges, lawful wildlife activity under specified conditions, discharges authorized by special municipal permits, the use of blanks, and certain other circumstances. The statute also includes an exception for a person who discharges a firearm in self-defense or defense of another against an animal attack when the statutory requirements are met.
That means the circumstances surrounding an alleged discharge can matter significantly. A report that simply says a firearm was fired does not necessarily resolve whether the conduct violated A.R.S. 13-3107. An A.R.S. 13-3107 defense attorney in Chandler can help you understand your options.
How Fall Events Can Lead to Firearm Charges in Chandler
Large seasonal gatherings can produce confusing reports. Fireworks, vehicle backfires, construction equipment, and other loud noises may be mistaken for gunfire. Witnesses may also disagree about where a sound originated or who may have caused it.
Law enforcement may investigate reports by interviewing witnesses, reviewing surveillance footage, recovering firearms or shell casings, and examining other physical evidence. If officers believe a firearm was discharged, investigators may also consider whether the alleged discharge occurred within Chandler’s municipal limits and whether the available evidence supports criminal negligence.
For someone accused of the offense, identifying inconsistencies in witness accounts or gaps in the physical evidence may be important. The circumstances should be examined carefully rather than assuming that an accusation establishes what happened.
What Are the Penalties for Unlawful Firearm Discharge?
A violation of A.R.S. 13-3107 is classified as a Class 6 felony. Arizona law provides specific sentencing rules for Class 6 felonies. In some circumstances, a court may designate a Class 6 felony as a misdemeanor or defer designation while the person completes probation, subject to statutory requirements and the person’s criminal history.
A felony conviction can also have consequences beyond the immediate sentence. Arizona law provides that a felony conviction suspends certain civil rights, including the right to possess a firearm. The precise consequences can depend on the conviction, sentence, and applicable restoration laws.
Because the potential consequences can extend beyond fines or probation, anyone facing a Chandler firearm discharge charge should take the accusation seriously and seek legal advice from a firearm discharge attorney in Chandler promptly.
Building a Chandler Firearm Discharge Defense
A defense begins with examining exactly what the prosecution alleges and what evidence supports those allegations. Depending on the circumstances, a discharge firearm lawyer in Chandler may investigate:
- Whether a firearm was actually discharged
- Whether the alleged discharge occurred within or into Chandler’s municipal limits
- Whether the required criminal negligence element can be established
- Whether witnesses accurately identified the source of a loud noise
- Whether surveillance or other recordings contradict witness accounts
- Whether ballistic or physical evidence supports the allegations
- Whether one of the statutory exceptions applies
- Whether police obtained and handled evidence properly
The applicable defense will depend on the facts of the individual case. A firearm discharge allegation arising from a crowded fall event should not be treated as automatically proving criminal liability.
Protect Your Rights
An arrest or criminal charge can create serious uncertainty, particularly when the allegation arose from a busy public event and the available evidence may involve conflicting witness accounts. Understanding the specific elements of A.R.S. 13-3107 and the exceptions written into the statute can be an important part of evaluating the case.
If you have been accused of unlawful firearm discharge in Chandler, speaking with an attorney promptly can help you understand the allegations, potential defenses, and next steps.
Chandler Fall Events Firearm Discharge Defense FAQs
What is unlawful discharge of a firearm in Chandler?
Under A.R.S. 13-3107, a person who, with criminal negligence, discharges a firearm within or into the limits of a municipality commits a Class 6 felony.
Are there exceptions to Arizona’s unlawful discharge law?
Yes. A.R.S. 13-3107 identifies several exceptions, including certain supervised shooting ranges, lawful wildlife activity, special municipal permits, use of blanks, and specified animal-defense situations.
Can a mistaken report lead to a firearm discharge charge?
A report or witness statement can prompt an investigation, but the prosecution still must establish the required elements of the offense. Evidence such as surveillance footage, physical evidence, witness accounts, and other investigative information may become important in determining what actually occurred.
Can a felony conviction affect firearm rights?
Yes. Arizona law provides that a felony conviction suspends the right to possess a firearm, although restoration rules may apply in certain circumstances.
Contact a Chandler Discharge Firearm Lawyer Today
If you have been accused of unlawfully discharging a firearm during a fall event or elsewhere in Chandler, the Chandler team at Lerner and Rowe Law Group can review your situation and explain your legal options.
You can give us a call, fill out our contact form, or use LiveChat to get started and discuss your case with our team.
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.