Arizona law takes firearm-related crimes extremely seriously. Even if a weapon was never fired or caused physical injury, its presence during the commission of a felony can dramatically increase penalties. These additional punishments are known as firearm sentence enhancements.

At Guardian Law, we represent individuals in Peoria and throughout Arizona who are facing felony charges involving firearms. We understand how these enhancements work, when they apply, and—most importantly—how to fight them to protect your freedom and your future.

What Are Firearm Sentence Enhancements?

A firearm enhancement adds extra prison time to a felony sentence when a weapon was used, displayed, or possessed during the crime. Prosecutors often use these enhancements to push for longer sentences, arguing that the presence of a gun made the crime more dangerous.

Under A.R.S. § 13-704, these enhancements apply to offenses legally classified as “dangerous.” This includes any crime that involves the use, discharge, or threatening display of a deadly weapon or dangerous instrument. Consequently, even non-violent crimes can become dangerous offenses if a firearm is involved.

When Firearm Enhancements Apply

Prosecutors can seek firearm sentence enhancements in a wide variety of cases. The enhancement may apply even if the weapon was never fired or if no one was injured.

Common Situations Include

• Carrying a firearm during a drug sale or transportation offense
• Using or displaying a weapon during a robbery or burglary
• Having a gun in your vehicle during an aggravated assault
• Firing a weapon recklessly, even without causing harm
• Committing a felony while armed, regardless of intent to use the firearm

Because the law focuses on possession and potential danger, the enhancement can apply even if the firearm was never shown or used. As a result, many defendants face longer mandatory sentences simply because a gun was nearby.

How Firearm Enhancements Increase Prison Time

Under Arizona’s sentencing system, a “dangerous offense” triggers mandatory prison terms. Judges cannot suspend sentences, grant probation, or offer early release in these cases.

Sentencing Ranges for Dangerous Felonies

• Class 2 felony: 7 to 21 years in prison
• Class 3 felony: 5 to 15 years
• Class 4 felony: 4 to 8 years
• Class 5 felony: 2 to 4 years
• Class 6 felony: 1.5 to 3 years

For repeat offenders, the sentence can increase dramatically—often doubling or tripling the prison term. Moreover, when a firearm enhancement applies to multiple charges, the sentences may run consecutively rather than concurrently, further extending total prison time.

Examples of Crimes Commonly Affected by Firearm Enhancements

• Armed robbery (A.R.S. § 13-1904) – Automatically classified as a dangerous offense
• Aggravated assault with a deadly weapon (A.R.S. § 13-1204) – Carries mandatory prison
• Weapons misconduct (A.R.S. § 13-3102) – Includes unlawful possession by a prohibited possessor
• Drug trafficking or sale with a firearm present – Often charged as a dangerous drug offense
• Drive-by shooting (A.R.S. § 13-1209) – Classified as a Class 2 dangerous felony

Even cases involving self-defense or accidental possession can trigger these enhancements if prosecutors believe a firearm was involved in a way that meets the statute’s definition.

Legal Defenses Against Firearm Enhancements

Guardian Law develops strategic defenses to challenge the application of firearm enhancements. Our attorneys analyze whether the weapon was actually used, whether the state can prove possession, and whether police followed proper search and seizure procedures.

Common Defense Strategies

• Disputing possession: The firearm may not have belonged to you or been under your control.
• Challenging “use” or “display”: Merely having a gun nearby doesn’t always meet the statutory definition.
• Questioning evidence handling: Improperly seized or mishandled weapons evidence can be excluded.
• Self-defense: Using or carrying a firearm lawfully for protection may justify your actions under Arizona law.
• Illegal stop or search: If police found the weapon through an unconstitutional search, evidence can be suppressed.

A strong defense often focuses on narrowing how the prosecution defines “use” or “possession.” By doing so, we can argue the enhancement should not apply or that the base charge should be reduced.

How Guardian Law Fights Firearm-Related Allegations

Our firm focuses exclusively on felony defense, including violent crimes, weapons misconduct, and firearm enhancements. We know how prosecutors in Peoria and throughout Arizona pursue these cases—and how to counter their strategies effectively.

Guardian Law provides:

• Immediate protection of your rights after arrest
• Careful review of police reports, search warrants, and weapon evidence
• Aggressive pre-trial motions to challenge improper charges
• Clear, client-centered communication at every stage of your case

Because firearm enhancements carry mandatory prison time, every detail matters. Our attorneys work to identify weaknesses in the state’s evidence early, often leading to charge reductions or more favorable plea agreements.

Frequently Asked Questions (FAQ)

Does the firearm have to be fired for the enhancement to apply?

No. Simply possessing or displaying a firearm during the commission of a felony can trigger the enhancement, even if it was never fired.

Can I get probation if my case involves a firearm?

Usually not. Dangerous offenses involving firearms require mandatory prison sentences. However, your lawyer may challenge the enhancement to make probation a possibility.

What if I was carrying the gun legally?

If you legally owned the firearm and used it for self-defense, your attorney may argue that the enhancement does not apply. Each case depends on the facts and the specific statute involved.

Speak with a Peoria Firearms Defense Attorney Today

If you are facing felony charges involving a firearm in Peoria, you need experienced legal representation immediately. Firearm enhancements can add years to your sentence, even for a first offense.

Call Guardian Law today at (602) 888-8020 for a confidential consultation.