Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3107 "Unlawful Discharge of a Firearm, or a violation of Shannon's Law" occurs when a person, with criminal negligence, discharges a firearm within the limits of any municipality and they are morethan one (1) mile from any occupied structure. The reason this is called "Shannon's Law" has to do with the tragic death of a young girl who was struck by a stray bullet which fell from the sky after some individuals had been firing a gun into the air while celebrating. This most often occurs around New Year's Eve in certain areas of Arizona where it has become a tradition to fire shots at midnight.
A violation of "Shannon's Law" can result in a class six (6) felony with an "Allegation of Dangerousness offense". A first offense Dangerous conviction includes a mandatory minimum prison sentence of one and one half (1.5) years; a presumptive prison term of two and one quarter (2.25) years; and a maximum of three (3) years of incarceration. In addition, if the person has one (1) allegeable historical dangerous prior conviction, then the mandatory "prison only" sentence is three (3) years minimum; three and three quarters (3.75) years presumptive; and four and one half (4.5) years of maximum of incarceration. If the person has two (2) allegeable historical dangerous prior convictions, then the mandatory "prison only" minimum is four and one half (4.5) years; the presumptive is five and one quarter (5.25) years; and the maximum is six (6) years of incarceration.
The strongest defense to a charge of Unlawful Discharge of a Weapon is Misidentification. Many times the police will arrive at the scene of a party where multiple party-goers are present. Usually, any witnesses who were at the shooting scene were so panicked that they would not be able to positively make an identification. However, the police will conduct what is known as a "show-up" identification instead of a proper "line-up" identification. A "show-up" is when they drive an individual suspect back to the scene (usually in handcuffs), and then they have witnesses at the scene indicate whether that was the person who fired the gun or not. The problem is that this form of identification is "unduly suggestive". Why else would somebody be there, in handcuffs, with police officers standing next to them, unless the police assumed that this was the person who committed the crime.
It is also imperative to challenge any claim of "gunshot residue" being left behind on the shooter's hands. Many times a gun will be fired by one individual, but then handed to another individual. The three (3) elements of gunshot residue (barium, antimony, and lead) will also be left behind on that person's hands. It then become virtually impossible to distinguish who actually fired the weapon. It is important to utilize the proper forensic experts to attack the State's evidence.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a AVoluntariness standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right" to Counsel is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / cloning hard drive procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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