If you or family members have been charged with any firearm-related criminal offense, it is important to have an experienced and skilled defense attorney on your side in this challenging situation. While it is possible for an individual to face misdemeanor or felony charges for firearms-related offenses, most of these cases are prosecuted at the felony level. Penalties for conviction are often severe, and they automatically increase if the firearm was used while committing a separate crime or if the defendant is a “prohibited possessor,” meaning they are not legally allowed to own, possess, or use firearms.

The attorneys at Ralls & Wille, PC have decades of professional experience in Arizona criminal defense. If you need legal representation, our firm can provide responsive and meticulous counsel through all stages of your case. It is crucial to know your rights at the moment of arrest; in many cases, arresting officers will attempt to extract information from you, hoping that you are unaware of your rights, and give up information that ultimately works against you. Immediately upon arrest, exercise your right to remain silent until you can exercise your right to secure defense representation, and reach out to a defense attorney you can trust.

When you need defense representation for a gun crime case in Tucson or Arizona, it is vital to choose a defense attorney who has proven experience resolving cases similar to yours. There are many types of gun crimes for which you might be charged in the state, and a few of the most common include:

• Negligent discharge. All gun owners in the state are expected to exercise good judgment and follow the rules of firearm safety at all times. A negligent discharge occurs whenever a gun is fired accidentally due to criminal negligence. This can occur while handling a loaded weapon, cleaning a gun that has not been properly cleared, and through general negligence. This is a class 6 felony in Arizona, punishable by up to two years in state prison, assuming no prior convictions.
• Misconduct involving a weapon. There are actually 17 different versions of this offense, but the most common is possession of a deadly weapon by a “prohibited possessor,” meaning the defendant is legally prohibited from owning or possessing the weapon. At the misdemeanor level, firearms misconduct charges can lead to several months in jail, but at the felony level this offense can lead to several years in state prison. If the defendant has a prior record their sentence can increase.
• Disorderly conduct with a firearm. Anyone who recklessly displays, handles, or discharges a firearm within a municipality with the intent to disturb the peace commits a class 6 felony.
• Drive-by shooting. This is a class 2 felony in the state and can be charged as a dangerous nature offense. Conviction of a drive by shooting can entail a penalty of seven to 21 years in state prison.
• Aggravated assault with a deadly weapon. Threatening another person with a firearm is a class 3 dangerous felony with a mandatory sentence of five to 15 years in state prison with no possibility of probation.
• Possession of a prohibited weapon. A prohibited weapon is any weapon deemed illegal to own under Arizona law. Common examples include rifles with barrels shorter than 16 inches, shotguns with barrels less than 18 inches, and rifles capable of fully automatic rapid fire. This offense is typically classified as a class 4 felony.

In addition to these state charges, the federal government in Arizona can also bring charges for certain firearm-related offenses, such as:

• Smuggling goods from the United States: The federal government requires anyone exporting certain goods to have a license, including firearms, body armor, or other defense-related items. By law, smuggling goods from the United States can result in a prison sentence of up to 10 years, along with a hefty fine.
• Non-Citizen in possession of a firearm: It is an offense for anyone without legal immigration status in the United States to possess a firearm, even if they have work authorization. This maximum penalty for this offense is 10 years of imprisonment.
• Firearm possession during a crime of violence or drug trafficking crime: If found guilty possessing a firearm during a drug or violent crime, the penalties can be severe. At a minimum, you would serve an additional five years on top of whatever punishment you received for the drug or violent crime. That number can go as high as 10 years if the firearm is brandished or discharged during the underlying offense.