Phoenix Weapon Charge Defense Attorneys

Does Arizona Have a “Stand Your Ground” Law?

Yes. Arizona has a “stand your ground” law, meaning you are not required to retreat before using force in self-defense if you reasonably believe it is necessary to prevent imminent death or serious bodily injury (A.R.S. § 13-405). This law only applies in areas where you have a legal right to be, such as your home, workplace, or public areas. 

While the “stand your ground” rule may justify your actions in some circumstances, it does not automatically prevent criminal charges, especially if authorities believe the use of a weapon was excessive or unlawful. We can evaluate whether your actions meet the legal standards for self-defense, gather evidence to demonstrate the severity of the threat, and advocate for dismissed or reduced charges if possible.

Is Arizona a “Constitutional Carry” State?

Yes. Arizona passed a “constitutional carry” law in 2010, which allows eligible adults who are legally allowed to own a gun to carry a concealed weapon on their person without a CCW permit or license. 

However, this law does not allow you to carry anywhere. Open carry is restricted in prohibited areas, such as schools, government buildings, polling places, and private properties or businesses with signage prohibiting weapons or firearms. 

If you were charged with unlawful carry, we can review your case to identify potential exceptions or defenses, challenge any procedural violations by law enforcement, and work to protect your rights at each stage of the legal process. 

What Qualifies as a Deadly Weapon? 

Weapon charges aren’t limited to firearms, but can also include any “deadly weapon” designed for lethal use, including explosives, brass knuckles, and bladed weapons that are not pocket knives (A.R.S. § 13-3101).

What Are the Penalties for Weapon Charges?

Weapon charges can result in serious penalties, including fines, prison time, and a permanent criminal record. In some cases, defendants may also face federal charges in addition to state charges. The exact penalties depend on the classification and severity of the offense, as well as prior convictions. 

Whether you were charged with a misdemeanor or a felony offense, securing a robust defense is vital to mitigate the potential consequences of a conviction. Our attorneys can aggressively defend your rights, advocate for alternative sentencing if possible, and work to minimize the long-term impacts on your life. 

Can I Face a Weapon Charge if I Acted in Self-Defense?

State law allows the use of deadly force in self-defense if you reasonably believe it is necessary to prevent imminent death or serious bodily injury. However, using a firearm can still trigger weapons charges if the circumstances are unclear or if the firearm was illegally possessed. Consulting with our defense lawyers is paramount to present a compelling defense that justifies the use of deadly force. 

How Can I Defend Against a Weapon Charge?

Below are some common defense strategies for weapon charges:

• Self-defense. If your actions were justified under the “stand your ground” law, we can argue that you acted to protect yourself or others from imminent harm. 
• Lack of evidence. If there is insufficient evidence to prove your guilt beyond a reasonable doubt, we can advocate for a dismissal. 
• Mistaken identity. If you were falsely accused or misidentified as the perpetrator, we can gather evidence to establish a credible alibi. 
• Constitutional violations. If police violated your constitutional rights during an unlawful search or seizure, we can fight to reduce or drop the charges.
• Lack of knowledge of intent. If you were unaware of a firearm in your possession, we can argue that you lacked knowledge or intent to commit the offense. 

Consulting with our skilled attorneys is critical to building an effective defense for your case. We can analyze the evidence against you and develop a tailored strategy to employ in your defense.