Weapons Charges Lawyer in Scottsdale, AZ

Arizona's misconduct involving weapons statute, A.R.S. 13-3102, sets out sixteen offenses, each requiring a knowing act. A few are misdemeanors and the rest felonies, and in Scottsdale that split picks the prosecutor, the courthouse and the stakes.

Misdemeanor counts. These include an inaccurate answer to an officer about a concealed weapon, staying armed at a public event or inside a public establishment once asked to check the weapon, a deadly weapon at a polling place on election day, and concealed carry under 21. Scottsdale's Prosecution Division handles misdemeanors committed inside the city, and its list of examples, though silent on weapons, is expressly open-ended, so a Scottsdale Police count of this kind is typically heard at City Court on 75th Street. If DPS or the Sheriff's Office wrote the report, or the incident was just outside city limits, a county justice court can take it; the county names Scottsdale as part of the area McDowell Mountain Justice Court serves.

Felony counts. The class 4 felonies include a deadly weapon in the hands of a prohibited possessor, a prohibited weapon, and a deadly weapon during a drug felony. A concealed deadly weapon carried in furtherance of a felony is class 6. For a Scottsdale felony, the city's prosecutor page names two possible offices. The Maricopa County Attorney brings most of them; the Attorney General brings certain ones, often when the conduct alleged reaches into more than one county, when a state agency ran the investigation, or on referral from the County Attorney. Either way the case gets to Superior Court by indictment or preliminary hearing and sits downtown, at the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice. Superior Court takes the case directly, with no justice court in between.

Federal exposure. The same prosecutor page sends federal cases to the U.S. Attorney's Office. Federal law, 18 U.S.C. 922(g), keeps its own roster of people barred from guns and ammunition, close to Arizona's but not identical, and because each prosecuting office decides independently, one gun can be charged by the state, by the federal government, or by each of them. Nova Law Group appears in the U.S. District Court for the District of Arizona.

The City Court connection. Arizona treats DV probation, even on a misdemeanor, as one of the conditions that make someone a prohibited possessor, and the city prosecutor names domestic violence among the misdemeanors it handles. A DV plea on 75th Street that carries probation can therefore make a handgun in the nightstand a felony issue downtown until that probation ends. A qualifying misdemeanor DV conviction can also carry a federal firearm bar.

In custody. A Scottsdale Police misdemeanor arrest can mean a stay at the City of Scottsdale Jail inside the downtown police station on 75th Street, where the department lists jail court from 9 a.m. to noon. A felony weapons arrest goes to the county, and Rule 4.1 allows 24 hours from arrest to the initial appearance, failing which the person is released. Counsel attaches on a felony.

Prints and DNA. Weapons cases often turn on whose gun it was. The Scottsdale Police crime lab lists a Latent Print Unit and a Forensic Biology (DNA) unit, and for a gun found in a shared car or apartment, their results, or the lack of any testing, can matter.

A local deadline. Scottsdale's prosecutors give you 30 days from the arrest to ask, in writing, for the jail video; past that point the city may no longer have it, so we ask early.

The stop and the search come first. Many of these cases start with a car stop or a search, and we test the basis for each: the reason for the stop, any consent, any warrant. An unlawful search can support a motion to exclude what it turned up, and Scottsdale Police video often shows the sequence more precisely than the narrative does.

What you said. The inaccurate answer offense depends on the officer's exact question and your exact reply, so the camera audio matters. Beyond that, do not discuss where the gun came from, whose it is, or what your record shows, with police or anyone else, until a lawyer has looked at the evidence.

Status on the day. For a prohibited possessor count, the question is where you stood the day the gun was found. Was the old case really a felony? Had rights been restored? Had probation or release ended? Out-of-state and juvenile records can mislead. Bring every court paper you have, especially restoration or set-aside orders.

Knowledge and control. Arizona defines possession to include dominion or control, which lets the State point to a console or a shared closet, but it must still show you knew the gun was there. And the object has to fit the law: a deadly weapon means something made for lethal use, and a firearm that is permanently inoperable falls outside the statutory definition of a firearm.

On 75th Street. A misdemeanor count runs through an arraignment and then pretrial conferences with the City Prosecutor. Expect to appear in person; a remote appearance needs a judge's approval on a motion.

Downtown. A prohibited possessor count is class 4, so the A.R.S. 13-604 option for treating a class 6 felony as a misdemeanor is not available, though a plea to another offense can sometimes be negotiated. On a class 6 count that is not a dangerous offense, the court may enter a class 1 misdemeanor judgment or leave the offense undesignated until probation ends, unless there are two or more prior felony convictions.

Federal court can move fast. Probable cause of a 924(c) offense triggers a rebuttable presumption that no release conditions will reasonably assure appearance and community safety.

The firearm math. Restoration under A.R.S. 13-910 belongs to a judge; it is barred after a dangerous offense and waits ten years after absolute discharge for a serious offense. A set-aside under A.R.S. 13-905 restores Arizona firearm rights except after a serious offense, and federal law must be checked on its own. Avoiding jail is not the same as avoiding a conviction. A weapons plea with no custody can still push back the day you may lawfully own a gun. If you are not a U.S. citizen, get immigration advice before any plea.

Orders of protection. Scottsdale City Court publishes a Motion for Order to Release Firearm(s) for a defendant whose guns were transferred because of an order of protection. The form lists when the court may grant it, for example once the order has expired, been dismissed, or been modified to lift the firearm restriction.

Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney's Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take weapons cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. We handle these matters whichever office brought the charge. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.

Office: 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. It is our only office, and Scottsdale weapons clients meet with us there by appointment.