Summer in Gilbert should be about enjoying barbecues in the backyard and swimming till the late hours. But when the temperature rises above 110 degrees and tempers flare along with it, these very same backyard events might take a turn for the worse. If you’ve been charged with a Gilbert neighborhood dispute gun charge, you need to know what’s at stake. Read on for this detailed guide from the Gilbert disorderly conduct with a weapon lawyers at Lerner and Rowe Law Group.
Why Summer Weather in Gilbert Causes Neighborhood Tensions
Gilbert is one of the most densely populated suburban areas in the Phoenix Metro area. At times when the temperature goes above 110 degrees by the afternoon and still hovers around 90 by night, it becomes a dangerous mix for Gilbert residents.
Some of the most common situations that can lead to weapons-related charges are:
- Late-night pool parties or gatherings
- Parking disputes on small residential roads in the Freestone Park and Gilbert Road neighborhoods
- Arguments over property lines regarding fences, shade trees, or landscaping runoff
- Fireworks disputes
- Neighborhood disagreements about outdoor pets, irrigation systems, or garbage cans
No matter how it started, the end result could be a criminal charge that could lead to probation or even time in jail.
ARS 13-2904: Understanding the Disorderly Conduct With a Weapon Statute
The disorderly conduct statute in Arizona includes a variety of actions and behaviors; however, once a firearm comes into play, the charge can turn into a Class 6 felony. Under ARS 13-2904, a disorderly conduct with a weapon offense means recklessly handling, displaying, or discharging a firearm in order to disturb the peace or making the “reckless display” of a weapon to threaten or intimidate another person.
You do not need to aim the gun, fire it, or even pull the gun out of its holster. Even holding the firearm at your side during an altercation, patting your holster during the conflict, or putting the firearm on the hood of a truck during the dispute can qualify.
It’s important to consult with a criminal attorney in Gilbert, AZ as soon as possible to build your ARS 13-2904 firearm defense.
Gilbert Neighborhood Dispute Gun Charge: Self-Defense or Reckless Display?
Arizona gives residents extensive self-protection rights according to Arizona’s Castle Doctrine. However, your rights have limitations—and a thin line exists between legal self-defense and a felony weapons offense. All it takes to distinguish between the two is the way one witness would characterize an incident.
Think about a hypothetical situation: A Gilbert resident is awoken in the middle of the night by his neighbor banging on the fence and shouting over their property boundary. He goes out into the yard with a weapon in his waistband—not pointing, not drawing the pistol, just having it in plain view. His neighbor dials 911 and reports that the homeowner came at him with a gun. Once Gilbert PD arrives on the scene, there are two contradicting accounts and a man with a weapon; the homeowner ends up getting arrested.
That is not an uncommon situation in Maricopa County. The distinction between legal display of a weapon for self-defense and unlawful reckless display of a firearm all comes down to:
- Whether the accused was the initial aggressor or was reacting to a real threat
- Whether the circumstances warranted the use of force
- How witnesses, including the reporting neighbor, described the confrontation to the police
- Whether the gun was displayed, held up, or pointed at anyone
- The statements made by the accused to the police at the scene
This issue is very important. Statements made to police officers by individuals who have been charged with a Gilbert neighborhood dispute gun charge before being represented by counsel have been made on numerous occasions. The statements, regardless of how reasonable they might sound, can be used to prove the recklessness element of the case.
What a Class 6 Felony Conviction Entails for Gilbert Residents
A Class 6 felony is the lowest level of felony in Arizona, but that doesn’t mean it doesn’t carry significant penalties. As a first-time offender, the presumptive sentence according to Arizona sentencing guidelines will be imprisonment for one year. The minimum will be four months, while the maximum will be two years.
Aside from jail time, having a felony conviction in Arizona means:
- Being permanently stripped of the right to own or buy guns as per Arizona and federal laws
- Losing eligibility for some licenses for professionals, such as real estate, health care, and teaching
- Having the potential to lose your job or find it hard to get hired in the future due to a background check
- Being stripped of your voting rights while you are either incarcerated or on parole
- For undocumented people, immigration repercussions including possible deportation
- A permanent criminal record
Arizona does provide some leniency towards those who were charged with Class 6 felonies, allowing them to get the felony reclassified as a misdemeanor—though that’s only possible through proper advocacy at the time of sentencing.
Defenses for a Gilbert Neighborhood Dispute Gun Charge
There are ways to defend yourself against charges of Maricopa County reckless display of a weapon. For one, the prosecutor should be able to prove beyond a reasonable doubt that you committed the act recklessly, which means it was not a reasonable reaction to a real threat. An experienced Gilbert disorderly conduct weapon lawyer will review:
- Defenses under Lawful Self-Defense and the Castle Doctrine. If you acted out of reasonable belief that there was a threat to your property or your safety, then Arizona law might apply to your case.
- Addressing the “recklessness” aspect. The prosecution will have to show that you knowingly ignored a significant danger.
- Credibility of witnesses. Your lawyer can examine whether the reporting party gave inconsistent statements to the police from those that appear on security camera footage or other witnesses’ testimonies.
- Suppression under the Fourth Amendment. If the search conducted by the police in your house or car was unlawful, the evidence might be eligible for suppression for violating your constitutional rights.
- Sentence negotiation or alternatives. Even when the evidence against you is strong, an experienced lawyer can negotiate to lower your charge to a misdemeanor or obtain probation instead of jail time.
The crucial period is right after the loud party gun arrest in Arizona. In the first 24 to 48 hours after being charged with assault, the choices you make can determine the whole course of your case.
Gilbert Neighborhood Dispute Gun Charge? We’re Here to Help
Don’t let a summer dispute with a neighbor ruin your life, your gun ownership privileges, or your entire future. Whether you or a loved one is dealing with a Gilbert neighborhood dispute gun charge, the criminal defense lawyers here at Lerner and Rowe Law Group will help you through.
Our team of Gilbert-based lawyers is familiar with every aspect of the Maricopa County courts system. We know how the prosecutors conduct their investigations of these crimes—and how to dispute their claims. We will analyze the facts in your particular case and guide you throughout the entire process.
Call us now at (602) 667-7777, fill out a contact form, or use our LiveChat service to consult a criminal lawyer from Gilbert, AZ, right away. The earlier you contact us—the better your chances.
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.