Weapons misconduct is a broad umbrella term for a number of charges Arizona prosecutors take seriously. You should seek counsel to develop a strong strategy. Give our experienced Tempe criminal defense attorneys a call if you’ve been charged with weapons misconduct. James E. Novak may be able to develop a strong defense on your behalf.Defenses to Weapons Misconduct in Tempe
Weapons offenses can be treated as serious felonies when charged under Arizona Revised Statutes 13-3102. They cover actions that involve someone’s ability to be around weapons at all, or weapons that are prohibited. The statute prohibits seventeen different categories of conduct. Each of these categories is prohibited when you act “knowingly.”
There may be procedural or evidentiary defenses we can build regarding weapons misconduct. In some cases, for instance, where you have confessed to an element of weapons misconduct, it is appropriate to raise a violation of Miranda rights. When a weapon was discovered due to a warrantless search, in violation of your Fourth Amendment rights we may be able to move to suppress the evidence of the weapon itself.Showing You Were Not a Prohibited Possessor
Prohibited possessors are those who are forbidden from possessing a deadly weapon, firearm or prohibited weapon. When law enforcement finds someone who is not allowed to possess a particular weapon possessing it, they may be charged with weapons misconduct. Getting charged with being a prohibited possessor is a very common way weapons misconduct is charged. You could be charged as a prohibited possessor if:
- You are not allowed to have weapons under court order such as under a temporary restraining order for domestic violence.
- You were convicted of a felony.
- If you are an undocumented or nonimmigrant alien.
- If you’ve passed through Rule 11 court
- If you’ve been convicted of a crime and are under the jurisdiction of the court or the prosecutor’s office or on probation
- If you were found guilty except reason of insanity under the law.
Our lawyers will look closely at the circumstances under which you were charged as a prohibited possessor to see whether you were, in fact, a prohibited possessor. You can be disallowed by court order from possessing weapons if you’re considered a danger to yourself or others. In some instances, those who have been convicted of a felony are unaware they are prohibited from possessing a firearm. But it is a common occurrence for a person with a felony conviction to be found to be in possession of a firearm or other weapon.Showing You Did Not Have a Prohibited Weapon
Certain weapons, such as bombs, grenades, Nunchuks, IEDs, and bursting gas bombs are prohibited in the state. When you are found in possession of certain weapons, you can be charged with weapons misconduct. However, there are exceptions that allow certain people to possess these enumerated weapons. Our defense may involve showing that you are one of the people allowed to possess the type of weapon in question.Knowledge
There are also other defenses, such as showing you did not know you possessed a prohibited weapon. Your knowledge of whether the weapon was present or nearby can be important to whether charges of being a prohibited possessor or possessing a prohibited weapon will stick. For instance, if you were driving and your friend was keeping a grenade in his backpack to throw out the window, but you didn’t know about it, we may be able to raise a defense based on your lack of knowledge, as well as the question of whether it was actually in your possession, simply because your friend had it in his backpack.Retain a Seasoned Defense Attorney
When you hire a Tempe criminal defense lawyer, you have the best possible chance of securing a dismissal, negotiating a plea for a lighter sentence, or winning at trial. James E. Novak may be able to represent you. He represents those accused in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at undefined or complete our online form.