Understanding Arizona Drive By Shooting: ARS 13-1209
Facing Arizona drive by shooting charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the drive by shooting Arizona laws. It explains key terms and the sentencing guidelines for Arizona drive by shooting. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced drive by shooting Phoenix lawyer. If you are charged with Arizona drive by shooting, consult with a qualified drive by shooting Phoenix attorney as soon as possible.
What is Drive By Shooting Arizona?
ARS 13-1209 defines drive-by shooting in Arizona as intentionally firing a gun from a vehicle at a person, another car, or a building with people inside. A drive-by shooting is distinguished from similar offenses, such as misconduct involving a weapon or unlawful discharge of a firearm, by the presence of a motor vehicle. This action, whether resulting in injury or not, constitutes a serious felony offense.
You may be charged with drive by shooting even if you didn’t pull the trigger. In Arizona, being an accomplice to a crime can result in similar charges as those who directly commit the crime. If you helped, supported, or planned the drive-by shooting in any way, you could be charged with drive by shooting as an accomplice.
Sentencing for Arizona Drive By Shooting:
Drive-by shooting in Phoenix, like elsewhere in Arizona, is classified as a Class 2 felony. The severity of the crime increases due to the allegation of dangerousness. This label reflects the danger of using a deadly weapon, like a firearm, during the crime. This dangerous class significantly impacts sentencing.
The sentencing guidelines are complex and depend on your prior criminal record. Here’s a breakdown of potential penalties:
| Prior Dangerous Felony Convictions | Minimum Prison Time (Years) | Presumptive Prison Time (Years) | Maximum Prison Time (Years) |
|---|---|---|---|
| None (First Offense) | 7 | 10.5 | 21 |
| One | 14 | 15.75 | 28 |
| Two or More | 21 | 28 | 35 |
Understanding the “Dangerousness” Designation
An allegation of dangerousness requires a prison sentence rather than probation. This designation is added to the charges because of the nature of the crime itself. The use of a firearm inherently involves a risk of significant harm or death, thus escalating the consequences.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: In Arizona, ARS 13-1209 defines a drive-by shooting as intentionally discharging a firearm from a vehicle at a person, another vehicle, or a building with people inside.
- Dangerousness Designation: Firing a gun in the commission of the crime makes drive by shooting a dangerous offense. If convicted, you will not be eligible for probation and will be sentenced to prison.
- Sentencing: Drive-by shooting is classified as Class 2 felony in Arizona, with added severity due to the designation of dangerousness. The sentencing range for a first offense is 7 to 21 years in prison. If you have prior dangerous felony convictions, your sentence could be up to 35 years in prison.
Next Steps:
Drive by shooting Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona drive by shooting charges, under ARS 13-1209, engaging a skilled drive by shooting Phoenix AZ lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced drive by shooting Phoenix AZ lawyer on your side right away.