(602) 307-0808

Call Now, Open 24/7

Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona

Misconduct Involving a Weapon | A.R.S. §13-3102

Ranking Arizona Logo
Super Lawyers Logo
Avvo Logo
Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
Table of Contents

Misconduct Involving a Weapon | A.R.S. §13-3102

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 1,000+ Assault/Violent Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Assault/Violent Crime Victories!

Beware of Assault/Violent Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Assault/Violent Crimes Attorney and Assault/Violent Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Assault/Violent Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Misconduct Involving Weapons Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Misconduct Involving Weapons cases.

Every Major Felony Misconduct Involving Weapons case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Misconduct Involving Weapons Law Team in Arizona

How do you know who has the best Misconduct Involving Weapons Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Misconduct Involving Weapons in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Misconduct Involving Weapons Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Misconduct Involving Weapons Defense Team, DM Cantor.

David is a highly-skilled Misconduct Involving WeaponsDefense Lawyer who knows the Misconduct Involving Weapons laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Misconduct Involving Weapons Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Misconduct Involving Weapons overview as to how the DM Cantor Phoenix Misconduct Involving Weapons Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Misconduct Involving Weapons. So whether you have a single Misconduct Involving Weapons charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Misconduct Involving Weapons Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Misconduct Involving Weapons Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Misconduct Involving Weapons charge.

What is Misconduct Involving Weapons in Arizona?

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3102 “Misconduct Involving Weapons” can occur in numerous ways, and it is best to consult a defense attorney immediately upon charging by the State to learn about the details of your case.

Usually Misconduct Involving Weapons is charged when a person knowingly carries a deadly weapon without a permit (except a pocket knife) in the furtherance of a serious offense, a violent crime, or any other felony offense. It can also be charged by failing to accurately answer a law enforcement officer if the officer asks whether the person is carrying a concealed deadly weapon, or carrying a concealed deadly weapon under the age of twenty-one (21). Misconduct is also heavily charged when a “prohibited possessor” (i.e., a convicted felon who is prohibited from possessing a weapon) is found to be in possession of a weapon.

Additional grounds for a Misconduct charge include defacing a weapon (i.e., a “sawed off” shotgun) or possessing a weapon in a prohibited place (such as a school). This crime can also occur if you supply, sell, or provide a gun to a person if you know, or have reason to know, that person will use that gun during the commission of a felony. The most serious Misconduct Involving a Weapon allegations are when a gun is discharged at an occupied structure in order to assist, promote, or further the interests of a street gang, criminal syndicate, or racketeering enterprise (i.e., a “drive-by” but without a car), or using, possessing, or exercising control over a deadly weapon in furtherance of any act of terrorism.

Need an Arizona Misconduct Involving a Weapon Attorney? Contact DM Cantor if you have been charged with Misconduct Involving a Weapon. Call 602-307-0808 or click here to fill out our confidential contact form for a Free Initial Consultation.


Possible Punishment to Misconduct Involving a Weapon

Misconduct Involving a WeaponBecause there are so many ways that a defendant can be charged with Misconduct Involving a Weapon, the possible punishments range from relatively light punishment, to extremely lengthy prison sentences. Here are some of the possible punishment ranges for some of the more commonly charged provisions.
A Misconduct Involving a Weapon allegation based on using a deadly weapon in furtherance of an act of terrorism is a class two (2) felony. The punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

If the Misconduct involves a “walk-by” shooting into an occupied structure, or selling or supplying a gun to another person if you know or have reason to know that person will use the gun in a commission of a felony, it is charged as a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days to one (1) year in jail, or prison range of two (2) to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

If the Misconduct involves the manufacturing or selling of prohibited weapons, prohibitive possessor, use of the weapon during the commission of certain types of felonies, or entering a nuclear hydroelectric generation station without permission while carrying a deadly weapon, it is charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.

If the Misconduct involves selling or transferring a deadly weapon to a prohibited possessor, defacing a deadly weapon (i.e., a sawed-off shotgun), or carrying a concealed deadly weapon without a permit, it is charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

If the Misconduct involves entering a public event or public establishment, carrying a deadly weapon after a reasonable request was made by a person of authority in the establishment to remove the weapon, or entering a polling place on election day with a deadly weapon, it is charged as class one (1) misdemeanor. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2,500.00 plus an 80% surcharge.


Possible Defenses to Misconduct Involving a Weapon

Misconduct Involving a Weapon has numerous statutory defenses, and lists specific situations where each of the prohibited weapons violations do not apply. Because there are so many different ways that one can be charged and convicted with a Misconduct Involving a Weapon offense, and so many statutory defenses that apply to only some of those allegations, it is important to meet face to face with an attorney to discuss which defenses are applicable to you. For example, if you are a member of the military or law enforcement, many of these charges do not apply. In addition, if you have a gun holster which is carried on a belt and wholly or partially visible, it is a defense to some of the allegations of a Misconduct Involving a Weapon charge. A defense to having a gun on school grounds is if the gun is in your car, so long as the gun is not loaded, and if the vehicle is unattended the firearm cannot be visible from the outside of the car, and the car must be locked. Also, if under the age of 21, it is a defense to carry a gun inside of your car so long as it is in a storage box or trunk.

One defense that is applicable to all of the Misconduct with a Weapon charges is that the defendant was unaware that he had the gun with him. For example, a prohibited possessor (i.e., a convicted felony) is given a package which contains a weapon or is driving an automobile that he borrowed in which there is a gun in a console or glove box without his knowledge. Because the mere possession of a weapon for a convicted felon carries such severe punishment, it is important to fully fight these charges. In addition, any conviction involving Misconduct with a Weapon can result in child custody repercussions should a person later go through a divorce. It is very important to fight these charges in order to prevent this type of “black mark” on one’s record that can have long-term and wide ranging collateral consequences.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” 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, the “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 attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding fingerprints analysis; DNA testing; ballistics; gunshot residue testing; etc.. Lastly, one of the most common defense tactics 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 a skilled Misconduct with a Weapon lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Misconduct Involving a Weapon Attorney and a Certified Criminal Law Specialist, 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 DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Misconduct Involving a Weapon Attorneys know the system well.

The 17 Best Misconduct Involving a Weapon Defenses

Click here… if you have not been charged with Misconduct Involving a Weapon yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Misconduct Involving a Weapon lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Misconduct Involving a Weapon Lawyers in Arizona know the system well.

The Collateral Consequences Of An Misconduct Involving Weapons Conviction

The effects of a Misconduct Involving Weapons conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Mitigation

When it comes to “Mitigation” regarding a charge of Misconduct Involving Weapons, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Work with a DM Cantor Phoenix Misconduct Involving Weapons Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Misconduct Involving Weapons Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Misconduct Involving Weapons Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Misconduct Involving Weapons Lawyers always offer free consultations for an initial visit with our Phoenix Misconduct Involving Weapons Defense Attorneys. We are often considered to be the “best Misconduct Involving Weapons Defense Lawyer”.

DM Cantor, Best Criminal Defense Lawyer in Phoenix, Arizona
Free Initial Consultation
Open 24/7
Free Initial Consultation

Fill out the form below to receive a free and confidential initial consultation.

Learn how we helped 100 top brands gain success

Call Now Button