An Avondale drive-by shooting case may include separate allegations about injury, property damage and different victims. Review each count and the evidence assigned to it rather than add every possible maximum sentence together. Damage photographs, repair records and the charging document address different questions from who fired the weapon.
At Guardian Law Group, our experienced violent crime defense attorneys defend individuals charged with drive-by shootings and other serious felony offenses in Avondale, Phoenix, Glendale, and throughout Maricopa County.
What Is a Drive-By Shooting Under Arizona Law?
Under § 13-1209(A), drive-by shooting involves intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure. Identify the alleged target and conduct for this count separately from any additional charge.
This act is classified as a Class 2 felony, one of the most serious levels of crime in Arizona. The law aims to prevent shootings from vehicles, which create an extreme risk to public safety.
Penalties for Drive-By Shooting in Arizona
A conviction for a drive-by shooting in Avondale carries devastating penalties. Because it is a Class 2 felony, possible consequences include:
- Prison exposure: The applicable dangerous-offense and prior-conviction findings control the range. Under §13-704(A), the adult first-dangerous Class 2 range is 7 to 21 years, subject to §13-705; 35 years is not a universal maximum for every case.
- Probation restrictions: A person sentenced under §13-704’s dangerous-offense provisions is ineligible for probation. Review the actual charged and admitted or proven allegations.
- Loss of gun rights: A felony conviction permanently bars firearm possession
- Fines and restitution: Courts may order payment for damages, injuries, or property loss
- Permanent criminal record: A felony conviction impacts employment, housing, and civil rights
The law also allows prosecutors to seek enhanced penalties if the shooting resulted in serious physical injury, death, or significant property damage.
Other Charges Often Filed With Drive-By Shooting
Because drive-by shootings often involve multiple victims or property damage, prosecutors may file additional charges such as:
- Aggravated assault with a deadly weapon (A.R.S. § 13-1204)
- Endangerment (A.R.S. § 13-1201)
- Unlawful discharge of a firearm (A.R.S. § 13-3107)
- Criminal damage (A.R.S. § 13-1602)
A criminal-damage count has its own elements, including the applicable mental state and property damage. Keep photographs, ownership information and repair estimates separate from conclusions about the shooter’s identity. Multiple counts do not automatically mean consecutive sentences: § 13-711 and the same-act limits in § 13-116 require analysis of the actual convictions and conduct.
Defending Against Drive-By Shooting Charges
Being charged with a drive-by shooting doesn’t automatically mean conviction. A knowledgeable criminal defense attorney in Arizona can evaluate the facts and identify weaknesses in the prosecution’s case.
Common defenses include:
- Mistaken identity: The accused was not the shooter or involved in the incident
- Lack of intent: The firearm discharged accidentally without criminal intent
- Self-defense or defense of others: The act occurred to prevent imminent harm
- Insufficient evidence: Ballistics or witness statements do not conclusively tie the accused to the weapon or vehicle
At Guardian Law Group, we perform thorough investigations, challenge questionable police procedures, and work aggressively to protect your constitutional rights.
The Legal Process for a Drive-By Shooting Case
Like other felony cases in Arizona, a drive-by shooting charge moves through several key stages:
- Arrest and booking by law enforcement
- Initial appearance before a judge to set bail and review charges
- Preliminary hearing or grand jury indictment to determine probable cause
- Arraignment where the defendant enters a plea
- Pretrial conferences and negotiations
- Trial or plea agreement
- Sentencing if convicted
Having experienced counsel from the very beginning helps ensure your rights are protected at every stage.
Why Choose Guardian Law Group
Guardian Law Group focuses on defending clients facing violent crime and weapons-related charges in Avondale and across Maricopa County. Our firm provides:
- Strategic case analysis backed by years of felony defense experience
- Aggressive negotiation with prosecutors to reduce or dismiss charges
- Clear communication and honest case evaluations
- Trial-ready representation for serious charges
Our goal is to minimize the consequences you face and protect your future.
Contact Guardian Law Group – Avondale Violent Crime Defense Attorneys
For a multiple-count consultation, bring the indictment or complaint, any dangerousness or prior-conviction allegations, and available damage photographs or loss records. Ask which conduct and evidence support each count and how the sentences could interact. Guardian Law Group’s criminal defense team can review the records and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.