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  • Writer's picturerichard noel

Charged with Weapons Misconduct? Know what you're facing.

Do you have a prior felony conviction? Have you been charged with Misconduct Involving Weapons? This is a very serious crime and carries a prison term. Depending on the circumstances, it can be charged anywhere from a Class 2 Felony to a Misdemeanor. If you're a "prohibited possessor"with a prior felony conviction, Weapons Misconduct is a Class 4 Felony which carries a presumptive term of 2.5 years in many cases. Also, in Maricopa County, a prison term is nearly unavoidable in many circumstances, even under the terms of most plea agreements. Here's the law:

A.R.S. 13-3102. A person commits misconduct involving weapons by KNOWINGLY:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

a. in furtherance of a serious offense, a violent crime, or any other felony offense; or

b. When contacted by law enforcement, they fail to accurately answer if the officer asks whether the person is carrying a concealed deadly weapon; or

2. Carrying a deadly weapon, except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or

3. Involves manufacturing, possessing, transporting, selling or transferring a prohibited weapon, or

4. Possessing a deadly weapon or prohibited weapon if such a person is a prohibited possessor . . .

If you've been charged with this statute, you need to read it.

Defenses to the statute require an attorney who can argue on your behalf. And the State must prove that you KNOWINGLY possessed a weapon. Your case must be carefully evaluated to give you the best possible defense.

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