If you have been charged with a crime involving a deadly weapon or dangerous instrument in Arizona, the consequences can be severe. A “dangerous” designation on your charge can mean mandatory prison time, even for a first offense. This guide explains how Arizona defines these terms under ARS 13-105 and what it means for your case.
Key Takeaways
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What to Do Right Now
Step 1: Write down exactly what happened, including what objects were present and how they were used. Step 2: Do not discuss your case with anyone other than your attorney. Step 3: Find an experienced criminal defense attorney who handles dangerous offense cases. Lawyer Listed can match you with one for free. |
What Is a Deadly Weapon Under Arizona Law?
Under ARS 13-105(15), a deadly weapon is anything designed for lethal use, including a firearm. The key word is “designed.” If an object was manufactured to cause death or serious injury, it is a deadly weapon regardless of how it was actually used.
Firearms are the most common example. A gun is a deadly weapon because it was designed to kill. Knives designed for combat, daggers, and switchblades also qualify. The question is whether the object was designed to be lethal.
What Is a Dangerous Instrument Under Arizona Law?
Under ARS 13-105(12), a dangerous instrument is anything that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
This definition is broad. A dangerous instrument is not limited to objects designed to cause harm. The law focuses entirely on how the object was used. A baseball bat is sporting equipment on a field. That same bat becomes a dangerous instrument if swung at another person during a fight.
Common examples of dangerous instruments include cars and trucks, baseball bats and golf clubs, hammers, rocks, glass bottles, and heavy flashlights. The trier of fact, a judge or jury, decides whether an object qualifies based on how it was used.
Key Differences: Design vs. Use
A deadly weapon is classified based on what it was made to do. A dangerous instrument is classified based on how it was actually used.
A firearm is always a deadly weapon because it was designed for lethal use. A car is not a deadly weapon because it was designed for transportation. But a car becomes a dangerous instrument when driven recklessly or used to run over someone. Both categories trigger the same sentencing consequences under ARS 13-704.
Why Does This Matter for Your Case?
When a felony involves the use, discharge, or threatening exhibition of a deadly weapon or dangerous instrument, it may be charged as a dangerous offense under ARS 13-105(13). Sentencing for dangerous offenses is governed by ARS 13-704, and the consequences are dramatically harsher.
For example, the sentence for a non-dangerous Class 3 felony ranges from 2 to 8.75 years in prison, and probation may be available. For a first-time dangerous Class 3 felony, the prison range is 5 to 15 years. The dangerous designation eliminates probation entirely. Prison is mandatory.
Common Myths About This Charge
Myth: Only guns and knives lead to dangerous offenses in Arizona.
Reality: Firearms and combat knives are common examples of deadly weapons that lead to dangerous offenses. However, any object used in a way that is readily capable of causing death or serious injury can be classified as a dangerous instrument. A dangerous instrument triggers the same dangerous offense and mandatory prison sentencing as a deadly weapon.
Myth: If I used an everyday object, I cannot face the same penalties as someone who used a gun.
Reality: Under Arizona law, a dangerous instrument leads to the same sentencing under ARS 13-704 as a deadly weapon. Whether the object was a firearm or a household item, the mandatory prison ranges are the same.
Dangerous Offense Sentencing: How a Weapon Changes Your Prison Exposure
The table below compares sentencing ranges for first-time felony offenders under ARS 13-704. It shows how much more prison time you face if your case is labeled “dangerous.” For non-dangerous offenses, probation is generally available. For dangerous offenses, prison is mandatory.
Felony Class | Non-Dangerous Range | Dangerous Range | Probation? |
Class 2 | 3 – 12.5 years | 7 – 21 years | Non-dangerous only |
Class 3 | 2 – 8.75 years | 5 – 15 years | Non-dangerous only |
Class 4 | 1 – 3.75 years | 4 – 8 years | Non-dangerous only |
Class 5 | 0.5 – 2.5 years | 2 – 4 years | Non-dangerous only |
Class 6 | 0.33 – 2 years | 1.5 – 3 years | Non-dangerous only |
Frequently Asked Questions
Q: Can a car be considered a deadly weapon in Arizona?
A: A car is not a deadly weapon because it was not designed for lethal use. However, a car can be classified as a dangerous instrument under ARS 13-105 if driven in a way that is readily capable of causing death or serious physical injury.
Q: Does the prosecution have to prove the object was used as a weapon?
A: For a dangerous instrument, the prosecution must prove that, based on how the object was used, it was capable of causing death or serious injury. For a deadly weapon, the prosecution only needs to prove the object was designed for lethal use. Whether an object is a dangerous instrument or deadly weapon is a question for the trier of fact, depending on the evidence and circumstances.
Q: Can I get probation for a dangerous offense in Arizona?
A: No. Under ARS 13-704, a dangerous offense conviction carries mandatory prison time. The judge cannot grant probation or suspend the sentence, even for first-time offenders.
Q: Is an unloaded gun considered a deadly weapon in Arizona?
A: Yes. A firearm is a deadly weapon under ARS 13-105 because it is designed for lethal use. Whether the gun was loaded at the time does not change the designation as a deadly weapon.
Q: What is the difference between a dangerous offense and a non-dangerous offense in Arizona?
A: A dangerous offense involves the use or threatened use of a deadly weapon or dangerous instrument, or the knowing infliction of serious physical injury. The key difference is in sentencing. Dangerous offenses carry tougher sentences with mandatory prison and no probation. Non-dangerous offenses often allow probation for first-time offenders.
Related Arizona Criminal Defense Guides
Vehicular aggravated assault in Arizona
If you are facing charges after a car accident where someone was seriously hurt, your vehicle may be classified as a dangerous instrument. This guide explains how ARS 13-1204 applies.
Felony disorderly conduct and gun rights in Arizona
Disorderly conduct becomes a felony when it involves recklessly handling a deadly weapon, and a conviction affects your firearm rights.
Find the Right Attorney for Your Case
If you have been charged with a crime involving a deadly weapon or dangerous instrument in Arizona, the most important step is to find an experienced criminal defense attorney. You need someone who regularly handles dangerous offense cases. Lawyer Listed connects you with a trusted network of top criminal defense attorneys, free of charge. Our matching tool looks at your situation and pairs you with the right attorney for your case. Get matched now at lawyerlisted.com.