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Gun Charges Lawyer in Tucson

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Guns

According to the National Institute of Justice, 467,321 people were victims of a crime involving a firearm in 2011. In the same year, the FBI has reported that 68% of the murders committed nationwide involved the use of a firearm, and firearms were used in 41% of robberies committed and 21% of aggravated assaults committed in the United States. As you might imagine, the use or mere presence of a gun during the commission of a crime elevates the seriousness of the offense and the punishments imposed on an offender as a result of a criminal conviction. Criminal offenses involving weapons are investigated and prosecuted aggressively.

Arizona is home to some of the most relaxed gun laws in the country. Any individual over the age of 21, who is not prohibited from owning a firearm, can carry a gun openly or concealed without any type of permit. Although gun control laws in our state are very non-restrictive, any crime committed with a firearm is taken very seriously in a court of law.

Armed Robbery Laws in Arizona

Under A.R.S. § 13-1902, robbery is defined as the act of taking property off of someone’s person or their immediate presence against their will with the threat or use of force. Simple robbery is classified as a class four felony. However, the use or threatened use of a firearm during the commission of a robbery changes the classification of the crime to armed robbery.

Penalties for Armed Robbery in Arizona

Armed robbery is considered a class two felony, and normally, the presumptive sentence for a class two felony is five years in prison for first time offenders. However, due to the fact that a gun was used during the commission of the crime, armed robbery falls under a class of offenses known as “dangerous offenses.”

A dangerous nature offense, in the context of armed robbery with a gun, is defined as an offense involving the discharge, use or threatening exhibition of a deadly weapon. So, if you are convicted of armed robbery, you will be sentenced according to the dangerous offense guidelines in which case a class two felony carries a presumptive sentence of 10.5 years in prison, as long as you have not committed a dangerous offense in the past.  Those with prior dangerous nature conviction(s) may face even stiffer sentencing ranges.

What is First Degree Burglary?

Burglary, unlike robbery, involves stealing property from a structure such as a home or business, and there are different classifications for burglary as a criminal offense which are first, second, and third degree burglary. The circumstances surrounding the crime itself will determine which classification the burglary charge falls under.

First degree burglary involves committing a burglary while knowingly possessing a firearm or some other deadly weapon. First degree burglary is considered a Class Three felony when the structure involved is a business or a residential or commercial fenced in yard. If the burglary was of a residence, first degree burglary is then charged as a Class Two felony.

Second degree burglary involves the burglary into a residential structure and is classified as a Class Three felony and carries a potential prison range of 2.0 to 8.75 years.

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Third degree burglary involves the burglary into a non-residential structure (such as a car or a fenced commercial yard) and is classified as a Class Four felony and carries a potential prison range of 1.0 to 3.75 years.

Possession of a Firearm by Prohibited Person

Both federal and Arizona law prohibit possessing, transferring, selling, and/or owning a firearm by a person who has been previously convicted of a felony offense or is currently under indictment.

Under A.R.S. § 13-3102, various activities involving firearms are proscribed by statute including defacing a serial number, possessing a firearm with an obliterated serial number, discharging a firearm at an occupied structure or in furtherance of a criminal street gang, and/or possessing a firearm during a felony drug offense.  Arizona law also prohibits carrying certain types of weapons (such as silencers, short-barrelled rifles, fully-automatic weapons) without proper federal licensures.

Federal law similarly prohibits a person who has been convicted of a prior felony offense from possessing a firearm; as well as persons who are fugitives from justice; addicted to controlled substances (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S. Code § 802); an illegal alien; discharged from the armed forces under dishonorable conditions, renounced his/her United States citizenship; subject of a restraining order; and/or previously convicted of a misdemeanor domestic violence offense.  See 18 U.S. Code § 822(g).

The Gun Control Act also makes it a crime for any person who is under indictment for a felony offense to ship, transport, or receive firearms or ammunition.  18 U.S. Code § 922(n).

Federal firearms laws also prohibit transactions in and possession of certain types of firearms, which include but are not limited to: (1) transfer or possession of a machine gun under 18 U.S. Code § 922(o); (2) manufacture, importation, sale, or possession of any firearm not detectable by airport security devices under 18 U.S. Code § 922(p); and (3) possession, sale, or manufacture of a firearm not registered as required by the National Firearms Act (“NFA”) under 26 U.S. Code § 5861(d).

If you are convicted any firearms offense, under either Arizona or federal law, the potential sentence you could be facing is severe.  Weapons offenses can be very serious. If you or a loved one are faced with any charges involving weapons, you should consult a criminal defense attorney as soon as possible to preserve your rights and defend your liberty.

Criminal Defense Attorney in Tucson, AZ

A crime involving the use of a weapon, especially a firearm, is a serious matter regardless of the circumstances, and state prosecutors tend to prosecute these crimes to the fullest extent of the law.  As such, you should always consult with an experienced aggressive criminal defense lawyer if you have been charged or accused of a crime.

At the Law Office of Hernandez | Hamilton | Lamoureux, a Tucson criminal defense attorney is dedicated to seeking justice through thorough vigorous legal representation. A criminal conviction could change your life forever, but you don’t have to go through this stressful situation alone. Call the Law Office of Hernandez | Hamilton | Lamoureux, today for a free consultation to find out how a criminal attorney can help with your case.

520-882-8823

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart