Misconduct Involving Weapons in Arizona: ARS 13-3102

Dec 29, 2022

What is Misconduct Involving Weapons?

The crime of “Misconduct Involving Weapons,” defined in A.R.S. § 13-3102, is a serious crime in Arizona and is usually charged as a felony offense for the illegal possession of a deadly weapon. There are 17 different types of misconduct involving weapon (or MIW) charges. However, the charge seen most often is for possession of a deadly weapon by a “prohibited possessor.” This crime is a class 4 felony and can lead to prison time if convicted. There are multiple ways a person can commit “Misconduct Involving Weapons” so it is vital that you contact an experienced and aggressive criminal defense attorney like us who can effectively analyze your case to determine the best defense available. Click: https://oliversonlaw.com/contact-us/

A.R.S. § 13-3102 Defined

Arizona’s misconduct involving weapons statute covers a broad range of circumstances where it is illegal for a person to possess a deadly weapon. It goes well beyond just making it a crime for a person to be a “prohibited possessor,” even though that is one of the most common types of MIW charges that we see.

The following list describes the different types of MIW charges based on the particular section of ARS 13-3102, where they are found and provides the level of crime for each violation. ARS 13-3102 states that a person commits misconduct involving weapons by knowingly:

ARS 13-3102(A)(1)(a): Carrying a deadly weapon to further committing a serious offense. Class 6 felony.

(A)(1)(b): Lying to a police officer about having a deadly weapon. Class 1
misdemeanor.

(A)(2): Carrying a deadly weapon if you are under 21. Class 3 misdemeanor.

(A)(3): Manufacturing, possessing, or transporting a prohibited weapon. Class 4 felony.

(A)(4): Possessing a deadly weapon if you are a prohibited possessor. Class 4 felony.

(A)(5): Giving a deadly weapon to a prohibited possessor. Class 6 felony.

(A)(6): Defacing a deadly weapon. Class 6 felony.

(A)(7): Possessing a defaced weapon. Class 6 felony.

(A)(8): Using a deadly weapon in a drug offense. Class 4 felony.

(A)(9): Firing a weapon at an occupied structure in furtherance of gang activity. Class 3 felony.

(A)(10): Refusing to remove your weapon in a public establishment when asked to do so. Class 1 misdemeanor.

(A)(11): Possessing a deadly weapon at a polling place. Class 1 misdemeanor.

(A)(12): Possessing a deadly weapon on school grounds. Class 1 misdemeanor or class 6 felony.

(A)(13): Possessing a deadly weapon at a nuclear or hydroelectric plant. Class 4 felony.

(A)(14): Giving a deadly weapon to another person so they can commit a felony. Class 3 felony.

(A)(15): Possessing a deadly weapon to commit an act of terrorism. Class 2 felony.

(A)(16): Trafficking in a deadly weapon to assist a criminal street gang. Class 3 felony.

What is a “Deadly Weapon” Under A.R.S. § 13-3102?

The definition of a “deadly weapon” is essential to understand when analyzing the misconduct involving weapon statute because every section of the law requires the state to prove the weapon in question is “deadly.” ARS 13-105 defines a “deadly weapon” as “anything designed for lethal use, including a firearm.”

If the State charges you with possessing or using a deadly weapon during the commission of the offense, it will substantially increase the potential punishment. In addition to prison/jail time, probation and fines, if your case results in a felony conviction you will lose certain civil rights. Contact us now at (480) 582-3637 to know how we can help you out.

Categories

Criminal Defense, Weapons

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