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Unlawful Discharge of a Firearm (Shannon’s Law) | A.R.S. § 13-3107

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Unlawful Discharge of a Firearm (Shannon’s Law) | A.R.S. § 13-3107

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 Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm cases.

Every Major Felony Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm Law Team in Arizona

How do you know who has the best Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Unlawful Discharge of a Firearm Defense Team, DM Cantor.

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

In addition to Phoenix area experience, you next look to the Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm charge.

What is Unlawful Discharge of a Firearm in Arizona?

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3107 “Unlawful Discharge of a Firearm,” (also called a violation of “Shannon’s Law”) occurs when a person, with criminal negligence, discharges a firearm within or into the limits of any municipality, and they are less than one (1) mile from any occupied structure.

“Criminal negligence” means the following: with respect to the result, or to a circumstance, a person fails to perceive a substantial and unjustifiable risk the result will occur, or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. In this situation, the prosecution would have to prove that even if the defendant did not intend to shoot the gun, that it was a real possibility based on the defendant’s actions that the gun would shoot off, and a reasonable person would have recognized that risk.

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.

Need a Criminal Law Attorney in Phoenix? Contact DM Cantor if you have been charged with Unlawful Discharge of a Firearm. Call our offices 24 hours a day at 602-307-0808 for a Free Initial Consultation.

Possible Punishment to Unlawful Discharge of a Firearm

A violation of “Shannon’s Law” can result in being charged with a class six (6) felony with an “Allegation of Dangerousness.” A first offense class six (6) Dangerous felony 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) maximum years 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.

Possible Defenses of Unlawful Discharge of a Firearm

shannon's lawThe strongest defense to a charge of Unlawful Discharge of a Weapon is misidentification of the defendant. 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 both at the shots fired into the air and also at the resulting arrival of the police (sirens and lights blaring) that they would not be able to positively make an identification of the alleged shooters. Additionally, the police will conduct what is known as a “show-up” identification instead of a proper “line-up” identification. A “show-up” is when the police drive an individual suspect (usually in handcuffs), back to the scene of the crime and then 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 procedure is unduly suggestive and extremely unreliable. From the witnesses perspective, they are already pre-disposed to think this is the person who they saw commit the crime because why else would somebody be there, in handcuffs, with police officers standing next to them, unless the police had reason to believe 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 defendant “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 the second person’s hands. It then becomes virtually impossible to distinguish who actually fired the weapon; both sets of fingerprints will be on the gun and both suspects will have residue on their bodies. It is important to utilize the proper forensic experts to attack the State’s evidence.

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 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 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 Unlawful Discharge of a Firearm 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 a Criminal Law Attorney in Phoenix 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 Criminal Law Attorneys in Phoenix know the system well.

The 17 Best Unlawful Discharge of a Firearm Defenses

Click here… if you have not been charged with Unlawful Discharge of a Firearm (Shannon’s Law) 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 Unlawful Discharge of a Firearm (Shannon’s Law) 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 Unlawful Discharge of a Firearm (Shannon’s Law) Lawyers in Arizona know the system well.

The Collateral Consequences Of An Unlawful Discharge of a Firearm Conviction

The effects of a Unlawful Discharge of a Firearm 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 Unlawful Discharge of a Firearm, 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 Unlawful Discharge of a Firearm Defense Lawyer Today For a Free Consultation

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

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