A.R.S. §13-3102 defines Misconduct Involving Weapons in Arizona (“MIW”). A misdemeanor or felony designation depends on certain facts. Specifically, the circumstances, weapon, and/or criminal background of the accused. Regardless of the MIW theory charged, the State may seek incarceration time as a term of the sentence. The State takes these cases seriously and a person charged with this offense needs to consult with and retain an attorney experienced with MIW law and charges.
Misconduct Involving Weapons Investigation and Prosecution
MIW ranges from concealing a weapon to a prohibited possessor to illegally manipulated weapons. Severity of the consequences depends on the conduct. Indeed, an MIW case could be as simple as someone carrying a weapon concealed. But it could also involve a detailed investigation with multiple defendants. Or it may involve a search warrant on a home leading to weapons and drugs. Also, an MIW case could arise from a traffic stop leading to potential Fourth Amendment search and seizure issues.
The most frequently charged MIW cases involve prohibited possessors and weapons used during weapons offenses. Prohibited possessor cases involve people legally forbidden to possess weapons. For example, a convicted felon possessing firearms. In addition, possessing weapons during drug offenses is also a common MIW scenario. This is a typical charge when law enforcement executes a search warrant on an alleged drug dealers home and finds guns with drugs. Law enforcement will seize and ultimately forfeit the firearms.
Why Huss Law
Jeremy L. Huss has two decades of experience in handling Arizona misconduct involving weapons cases. Mr. Huss spent 13 years as a felony prosecutor handling MIW cases and trials. He knows first hand how law enforcement investigates, and how the State prosecutes, these offenses. In addition, Mr. Huss has significant experience with Fourth amendment search and seizure law, which is a necessity to competently defend these charges. Indeed, Mr. Huss is in a unique position to effectively represent his clients on these charges. Call Huss Law for a Free Consultation!