In a Glendale felony case, a deadly weapon and a dangerous instrument are different statutory concepts. An ordinary bat, tool or vehicle requires examination of its alleged use, attempted use or threatened use. Mere presence of an object does not by itself answer whether dangerous-offense sentencing applies.
At Guardian Law Group, our criminal defense attorneys represent clients in Glendale and throughout Arizona who face felony charges involving firearms or other deadly weapons. We work strategically to challenge these enhancements, protect your rights, and fight for the best possible outcome.
What Are Deadly Weapon Sentence Enhancements?
A dangerous-offense allegation can change the sentencing framework. The question is whether the charged facts meet § 13-105(13) and the requirements of § 13-704, not merely whether an object was nearby.
Section 13-105(13) concerns discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or intentional or knowing infliction of serious physical injury. Under § 13-704(L), dangerousness must be charged and admitted or found by the trier of fact. Section 13-704(G) restricts probation for people sentenced under its applicable provisions.
What Counts as a Deadly Weapon?
Under § 13-105(15), a deadly weapon is designed for lethal use and includes a firearm. That differs from a dangerous instrument under subsection (12): an item readily capable of causing death or serious physical injury in the circumstances of its use, attempted use or threatened use. Not every object capable of injury is automatically a deadly weapon. Section 13-105(19) includes loaded and unloaded firearms but excludes a firearm in permanently inoperable condition. That classification does not by itself establish dangerous-offense sentencing.
A baseball bat, heavy tool or vehicle may raise a dangerous-instrument question depending on the actual circumstances. Compare the object’s characteristics, distance, movement and alleged use with photographs, recordings and witness accounts. Its everyday name alone does not answer the statutory test.
How Deadly Weapon Enhancements Affect Sentencing
The following ranges are the adult first-dangerous framework in § 13-704(A), subject to § 13-705 and other applicable provisions. They are not triggered by mere possession alone or a universal table for every prior-conviction situation.
Sentencing Ranges for Dangerous Felonies
- Class 2 Felony: 7 to 21 years in prison
- Class 3 Felony: 5 to 15 years in prison
- Class 4 Felony: 4 to 8 years in prison
- Class 5 Felony: 2 to 4 years in prison
- Class 6 Felony: 1.5 to 3 years in prison
Qualifying prior convictions can change the applicable range. The felony class, nature of the prior and statutory requirements must be checked; a second or third offense does not have one universal minimum.
Examples of Crimes Involving Deadly Weapon Enhancements
Several types of criminal charges can include a deadly weapon enhancement, including:
- Aggravated assault involving a firearm or knife
- Armed robbery or carjacking
- Kidnapping while armed
- Drive-by shooting or discharging a firearm into a structure
- Weapons misconduct, such as possession by a prohibited possessor
- Drug trafficking or transportation while in possession of a firearm
Even cases where the weapon was never fired can be enhanced if prosecutors prove that it was displayed or used to intimidate someone during the crime.
The Role of Intent in Deadly Weapon Cases
The required mental state depends on the charged offense and alleged conduct. Review whether the state alleges weapon discharge, use or threatening exhibition, or intentional or knowing serious injury. Do not substitute a generic knowing-possession test for those distinct requirements.
For example, someone who lawfully owned a firearm but had no intent to use it in a crime may not qualify for an enhancement. Similarly, if the weapon belonged to another person and the defendant was unaware of its presence, the enhancement may not apply.
Defenses Against Deadly Weapon Enhancements
Guardian Law Group aggressively challenges the application of weapon enhancements by examining every detail of the case. Our goal is to show that the weapon was not used unlawfully or that the enhancement does not fit the facts.
Common Defense Strategies
- Arguing that the weapon was not used, displayed, or accessible during the crime
- Demonstrating that the item does not meet the legal definition of a deadly weapon
- Showing that the defendant did not intend to use the weapon
- Exposing illegal searches, seizures, or police misconduct
- Questioning witness credibility or conflicting statements
If prosecutors cannot meet their burden of proof beyond a reasonable doubt, the enhancement may be removed, significantly reducing the potential sentence.
Why These Enhancements Matter
Deadly weapon enhancements can make the difference between probation and years in prison. Even a first-time offender can face mandatory incarceration for a dangerous offense.
Additionally, these cases often receive extra attention from prosecutors and judges due to public safety concerns. This makes it critical to have an experienced defense attorney who understands Arizona’s sentencing laws and knows how to navigate them effectively.
How Guardian Law Group Fights Deadly Weapon Allegations
At Guardian Law Group, we focus on defending clients accused of serious felonies involving firearms and violent crimes. Our approach combines strategic investigation, expert analysis, and assertive negotiation with prosecutors.
We:
- Review all evidence, including police reports and ballistics testing
- Challenge enhancements that don’t meet statutory requirements
- File motions to suppress illegally obtained evidence
- Advocate for charge reductions or non-dangerous designations
Our priority is to protect your freedom and reduce the lasting consequences of a dangerous offense conviction.
Frequently Asked Questions (FAQ)
Do deadly weapon enhancements apply even if the gun wasn’t fired?
The weapon need not be fired for every dangerousness theory, but mere possession is not the complete § 13-105(13) test. Review the alleged use or threatening exhibition, any injury theory and the required § 13-704 allegation and finding.
Can the court reduce a dangerous charge to a non-dangerous one?
In some cases, yes. With strong legal advocacy, prosecutors may agree to remove the dangerous designation as part of a plea deal, which can make probation possible.
What if the weapon belonged to someone else?
If you did not know the weapon was present or did not have access to it, your attorney can argue that the enhancement should not apply. Each case depends on the facts and available evidence.
Speak with a Glendale Criminal Defense Attorney Today
Bring the charging papers, any dangerousness allegation, photographs of the object and complete recordings of its alleged use. Identify whether the state calls it a deadly weapon or dangerous instrument and the facts offered for that classification. Guardian Law Group’s criminal defense team can review the documents and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.