Unlawful Discharge
In 2000, Arizona enacted “Shannon’s Law” in response to the tragic, well publicized death of teenager who was struck with a stray bullet. Formally charged in Phoenix, Scottsdale, Mesa, Glendale and Tempe as Unlawful Discharge of a Firearm, the offense makes it a class 6 felony to negligently discharge a gun within the city limits of any municipality in Arizona. Because the history behind the passage of the law was so highly publicized, the prosecutor’s office aggressively prosecutes these cases and often charges them as a dangerous offense – thereby making a prison sentence mandatory if you are convicted.
When facing Unlawful Discharge of a Firearm charges in Phoenix, you will likely be faced with the choice of either risking a mandatory prison sentence by proceeding to trial, or pleading guilty to a slightly reduced charge that will appear as a felony on your criminal record and expose you to 12 months in the Maricopa County Jail. Phoenix criminal defense attorney Joshua S. Davidson is an aggressive advocate for his clients who understands how devastating a felony conviction for Unlawful Discharge of a Firearm can be to your family and your future.
With his experience as a former felony prosecutor, he will thoroughly evaluate your case for any factual or legal issues that may make it more difficult for the prosecution to obtain a conviction for this criminal act. Every case is unique and requires the individualized attention of a Phoenix Unlawful Discharge of a Firearm Lawyer who will scrutinize every aspect of the prosecution’s case and seek the suppression of any confession or other evidence that was illegal obtained by the police.
The majority of Unlawful Discharge of a Firearm cases in Phoenix are never witnessed by the police and the prosecution with often needs a defendant’s statement or confession to establish who fired the gun or rifle. With his years of experience as both a prosecutor and Phoenix defense lawyer, Joshua S. Davidson closely investigate your case for any interrogation conducted in violation of your Miranda rights or other police misconduct that may affect the admissibility of your statements to the arresting officers.
When these constitutional violations are identified, Joshua S. Davidson will file motions to suppress with the judge assigned to your case and seek a court order preventing the prosecution from telling the jury about your confession at during your trial. Often, the prosecution will have insufficient evidence remaining to pursue the case and will dismiss the Unlawful Discharge of a Firearm charge prior to trial.
We offer free consultations. No office visit required, we will get back to you within 24 hours.