Understanding Arizona Drive By Shooting ARS 13-1209
Facing Arizona drive by shooting charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the Arizona drive by shooting law, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona violent crimes attorney. If you are charged with drive by shooting, let Lawyer Listed match you with your ideal violent crimes lawyer as soon as possible.
What Is Arizona Drive By Shooting?
Arizona law, ARS 13-1209, defines drive by shooting as the intentional discharge of a firearm from inside a motor vehicle. The gun must be fired at one of three specific targets: another person, another occupied vehicle, or an occupied building or structure.
A drive by shooting is distinct because the gun is fired from inside a motor vehicle. This element makes the offense different from other firearm crimes and carries specific penalties and legal consequences.
Whether anyone is injured during the incident does not change the nature of the crime. A drive‑by shooting still occurs if a gun is intentionally fired from a vehicle at the specified targets, even when no one is physically harmed. Arizona law recognizes that this act creates an extreme risk to public safety, and the offense is defined by the dangerous conduct itself—not by the outcome.
Key Concepts of Arizona Drive By Shooting
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Motor vehicle: Any self‑propelled vehicle. It does not include motorized wheelchairs, electric bicycles, electric scooters, or motorized skateboards.
- Occupied structure: Any building, vehicle, watercraft, aircraft, or enclosed space that can be secured separately and is used for lodging, business, transport, recreation, or storage. It is “occupied” if people are present, likely to be present, or close enough to face danger from a firearm discharge. The term includes any dwelling house, whether occupied, unoccupied, or vacant.
- Dangerous offense: An offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person.
Elements of Drive By Shooting
For a drive by shooting conviction, the prosecution must prove that you committed both of the following elements of the crime:
- Intentionally discharged a weapon from a motor vehicle.
- The weapon was fired at a person, another occupied motor vehicle, or an occupied structure.
Accomplice Liability
You can face drive‑by shooting charges in Arizona even if you never pulled the trigger. Under the state’s accomplice liability laws, anyone who helps, supports, encourages, or plans a crime can be prosecuted as if they committed it. In practice, if you were in the vehicle, you could be convicted of the same charges as the shooter if prosecutors prove you played any role. Examples include driving the car, helping plan the attack, encouraging the shooter, or supplying the weapon. Prosecutors do not need to show that you fired the gun—only that you knowingly participated in or facilitated the offense.
Arizona Statute of Limitations for Aggravated assault
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For drive by shooting, prosecutors generally have up to seven years from the date of the alleged offense to bring charges.
Sentencing for Drive By Shooting
The penalties for drive by shooting in Arizona are substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Offense | Charge | Prison | Probation |
|---|---|---|---|
| Drive by Shooting | Class 2 dangerous felony | 7 – 21 years | Not available |
Forfeiture
Motor vehicles used in drive by shootings in Arizona are subject to seizure and forfeiture by the State. In practical terms, the law treats the vehicle as part of the crime itself. This means the State can permanently take the car, even if the owner was not the driver, unless the owner proves they had no involvement in the crime. Once forfeited, vehicles are typically auctioned, repurposed for law enforcement, or destroyed if unsafe. Proceeds from auctions often support law enforcement efforts or crime‑victim funds.
License Revocation
If you are convicted of a drive by shooting in Arizona, the judge will require you to surrender your driver’s license. The court will cancel or destroy the license and notify the Department of Transportation of your conviction, along with an order to revoke your driving privileges. The revocation period is mandatory and lasts at least one year but can extend up to five years depending on the judge’s decision. Once the Department of Transportation receives the order, it will formally revoke your right to drive for the period set by the court.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Drive by shooting is defined as the intentional act of firing a gun from inside a motor vehicle at one of three targets: a person, an occupied vehicle, or an occupied building or structure.
- Dangerous Designation: In Arizona, a drive‑by shooting is automatically classified as a dangerous offense because it involves the intentional discharge of a firearm. The law treats the use of a gun as inherently creating a high risk of death or serious injury, regardless of whether anyone is actually harmed.
- Sentencing: Drive by shooting in Arizona is a class 2 dangerous felony with penalties that vary widely depending on the circumstances.
- Prison: 10 – 21 years
- Probation: Not available
- License revocation: 1 – 5 years
- Statute of limitations: The statute of limitations for drive by shooting is seven years from the date of the offense.
Next Steps:
Arizona drive by shooting is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing drive by shooting Arizona charges, engaging a skilled violent crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.