When a defendant faces charges in a dangerous crime, prosecutors can utilize the emotion to their advantage.
For example, a domestic dispute could involve a vehicle pointed at another party, and even without intent, this can be used to add a deadly weapon or dangerous instrument to the case. Now an individual faces a sentence of 5 to 15 years by placing the victim in danger or fear for life.
This could be an automobile, a knife or a gun. For years and year, I’ve represented clients facing difficult scenarios.
Ignorance of the law is not a defense
For example, I worked with a middle-aged businessman up against aggravated assault charges, which require a 5- to 15-year sentence in Arizona. This man was in line at Burger King in the middle of the night when disturbances broke out in front and behind him. He became nervous and displayed a weapon and asked people to move out of his way.
This resulted in the aggravated assault charges, despite Arizona being a state that allows citizens to have guns in public places. Not everyone knows about the serious consequences of utilizing those weapons in all scenarios.
The worst charge you’re going to face if you show another person a gun with a holster in a threatening manner is disorderly conduct. However, prosecutors in Maricopa County and Phoenix, Arizona often use this as an opportunity to get defendants to plead guilty to a dangerous felony, which remains on a person’s record in perpetuity.
We fight those cases.
Knowledge of the law wins cases
Drug cases involving a search warrant can lead to the discovery of a weapon. This can lead to charges involving misconduct with a weapon, and this arises out of having a weapon during commission of a drug offense.
If the government cannot draw a nexus between the gun and the drugs, the charge must fail, and not all defendants have that information. I always make my client and the prosecution aware of that in cases.