Discharge of a Firearm at a Residential Structure in Arizona
Understanding and Defending the Charge
Regarding firearm-related offenses in Arizona, one that often stands out due to its seriousness is the crime of discharging a firearm at a residential structure. AJB Law Firm has handled multiple discharge of firearm cases and has a deep understanding of the complexities. This article addresses the critical elements of this crime, how it can be defended, and why it's vital to have an experienced attorney by your side.
1. Elements of the Crime:
The state of Arizona categorizes the act of knowingly discharging a firearm at a residential structure as a serious offense. To be found guilty, the prosecution must prove the following elements beyond a reasonable doubt:
Knowingly Discharging a Firearm: The act wasn't accidental, and the person knew they were firing the gun.
At a Residential Structure: The target was a house, apartment, or any other dwelling designed for persons to reside in.
2. Classification and Potential Punishment:
In Arizona, discharging a firearm at a residential structure is considered a Class 2 felony. This classification makes it one of the more serious felony offenses. First-time offenders found guilty could face:
A presumptive prison term of 10.5 years, with a minimum of 7 years and a maximum of 21 years.
Enhanced sentencing provisions can apply if there are prior felony convictions, which can extend the prison term.
3. Potential Defenses:
While the charge can seem straightforward, multiple defenses can be employed based on the circumstances of the case:
Lack of Knowledge: One of the primary defenses is challenging the "knowingly" aspect. If it can be proven that the discharge was accidental, then the defendant may not be criminally liable.
Misidentification: Eyewitness testimony can sometimes be unreliable. Proving that the defendant did not fire the weapon can lead to an acquittal.
Lack of Intent: Demonstrating that the defendant had no intention to fire at a residential structure or was aiming at something else can be a viable defense.
Mistaken Fact: Situations where the defendant believed they were shooting at a non-residential structure, can also be considered, although shooting at a non-residential structure is also a crime.
4. The Importance of Experienced Representation:
Being charged with discharging a firearm at a residential structure in Arizona can lead to severe penalties, including lengthy imprisonment. Thus, it's crucial to have someone experienced in your corner. At AJB Law Firm, LLC, we have defended all types of crimes in Arizona, ensuring our client's rights are protected throughout the legal process. We understand the intricacies of Arizona law and will fight diligently for the best possible outcome.
Discharging a firearm at a residential structure is a grave offense in Arizona, but the charges can be challenged with the right defense strategy and legal representation. If you or someone you know is facing such a charge, contact AJB Law Firm, LLC. With Amanda Bynum's vast experience in defending clients in Arizona, you can be assured of dedicated, expert legal representation.
For more information on firearm-related crimes in Arizona and how to defend them, contact Amanda Bynum at AJB Law Firm, LLC. Don't face these charges alone; let our expertise guide you through.
