The Role of Arizona Gun Laws in Violent Crime Defense Strategies

How Arizona gun and self-defense laws may play a role in a violent crime defense strategy depends on the alleged crime and the facts of the case. There are scenarios in which a person charged in Arizona may have very different defense strategies available to them than a person charged in the same type of crime or a similar situation in another state with more stringent gun laws or no stand your ground or castle doctrine statutes.

Self-Defense and Justification Defenses

Arizona has strong self-defense provisions that allow people in the state to use deadly force if they feel threatened. The law does not require gun owners to retreat before using deadly force.

Arizona law also permits the use of force to protect others if a reasonable person would believe they were defending another from serious injury or death.

The self-defense strategy is typically only effective if it can be plausibly argued that the defendant was threatened, feared for their safety, or the safety of another, and acted accordingly.

The Legality of Gun Possession

Arizona has very permissive gun ownership laws. Permits are not required to own or carry a gun except for individuals with specific restrictions, such as convicted felons.

In some cases, it may be possible to argue that the mere presence of a firearm at the scene of the crime does not constitute criminal intent to use the firearm. This is most relevant in cases where the violent crime did not involve the firearm, but the person accused of the crime was armed or in the presence of a gun when the crime allegedly occurred.

This defense can be more challenging if the person accused of a crime was not legally permitted to possess a firearm, although it may still be possible to argue that the firearm did not belong to the defendant and was not in their physical possession, or challenge whether the restriction lawfully applied to the defendant.

Challenging Aggravating Factors

In Arizona, the mere presence of a firearm can elevate an assault charge to aggravated assault, which carries harsher sentencing guidelines. There are scenarios where a defense attorney may be able to successfully argue that the presence of the firearm did not constitute an intent to use the firearm to commit a more serious offense, which may open the door to a reduction of charges from aggravated assault to standard assault.

A defense attorney might also argue that the act of brandishing a weapon does not necessarily indicate an intent or threat to commit violence. Arizona’s self-defense law permits the displaying of a weapon for deterrence purposes in some circumstances.

Arguing that a defendant displayed their weapon with the intent to protect themselves rather than attack another can potentially lead to a reduction in the severity of charges.

How the Possession or Presence of a Firearm May Impact Sentencing or Plea Negotiations

Using a firearm in a violent crime can lead to enhanced sentencing in Arizona, including longer prison terms if convicted. If the firearm was present but not used, a defense attorney can potentially argue that the charges do not warrant enhancement. There may also be opportunities to negotiate with prosecutors to reduce firearm-related charges in exchange for a guilty plea to a lesser offense, especially in cases where evidence of intent to use the firearm is weak.

The available defense strategies can vary based on the individual. A legal gun owner with an absence of prior violent behavior, or weak evidence of intent to use the firearm, can be useful leverage in negotiations for reducing charges or sentences.

Arizona’s Gun Laws and Permissive Views on Gun Ownership Can Be Beneficial in Jury Trials

The more accepting attitude toward firearms among Arizonans can potentially be advantageous in some cases.

Owning a firearm or having one nearby, such as in a car, doesn’t seem outlandish to many residents of the state. This comfort with firearms can help mitigate bias against firearm owners. It’s possible to have a jury that contains several gun owners who understand the mere presence of a firearm, especially in the possession of a legal gun owner, does not imply aggression or an intent to commit a violent crime.

Can Arizona Gun Laws Benefit Your Case?

Whether Arizona’s gun laws or self-defense statutes will provide avenues for defense depends on the facts of each case. If self-defense is central to the case, Arizona gun and self-defense laws can be greatly beneficial.

If the charge hinges on intent or perceived threat, the permissive gun laws can allow defense attorneys to argue that the presence of a firearm did not constitute an actual threat to commit violence.

There are also some assault cases where a defense attorney can potentially argue that the presence of a legally owned firearm that was not brandished or used during the defendant’s alleged assault should not be considered an aggravating factor.

If you are facing a violent crime charge involving a firearm, you may benefit from a free consultation with Arizona Board-Certified Criminal Defense Attorney Michael Alarid III. Call (602) 818-3110 for your case evaluation.