Phoenix Unlawful Discharge of Firearm Lawyer

A gun-related charge in Arizona can turn your life upside down in seconds. The moment a firearm is involved, prosecutors and law enforcement treat the case with heightened seriousness — even if no one was hurt and the discharge was accidental.

I’m Joshua A. Lopez, Esq, a Phoenix unlawful discharge of firearm lawyer known to my clients as Attorney Josh. With 165 five-star Google reviews, I’ve earned a reputation for using smart strategies and tactical defense to get strong results for my clients.

When your freedom, gun rights, and record are at stake, you need more than representation — you need a strategic defense tailored to the facts, evidence, and psychology of your case. My philosophy is simple: Smart Defense. Strong Results.

Understanding Arizona’s Unlawful Discharge of a Firearm Law

Under A.R.S. § 13-3107, a person commits unlawful discharge of a firearm — also called Shannon’s Law — if they negligently discharge a firearm within or into the limits of any municipality.

This law was created to prevent “celebratory gunfire” and negligent shooting in populated areas, but it is often applied broadly, leading to arrests for misunderstandings or harmless accidents.

Key Elements of the Offense

To convict you, the state must prove that you:

1. Discharged a firearm — even one bullet is enough.
2. Did so negligently — meaning you failed to exercise reasonable care.
3. Fired within or into city or town limits — such as Phoenix, Mesa, or Scottsdale.

That may sound simple, but negligence is subjective. A responsible gun owner could face criminal charges for a simple misfire, mechanical malfunction, or even a round discharged during self-defense practice.

As a Phoenix unlawful discharge of firearm lawyer, I focus on breaking down the state’s evidence to prove you were not negligent and your actions were lawful or accidental.

Penalties for Unlawful Discharge of a Firearm in Arizona

This charge is treated as a Class 6 felony, which carries serious legal and collateral consequences.

Potential Criminal Penalties

• Prison: Up to 1.5 years for first-time offenders
• Probation or Jail Time: If the offense is non-dangerous, you may qualify for probation instead of prison
• Fines and Surcharges: Up to $150,000
• Loss of Gun Rights: Conviction means you cannot own or possess firearms
• Permanent Criminal Record: A felony record can impact employment, housing, and licensing

If prosecutors label the incident as “dangerous” — for example, if the shot endangered someone — it becomes non-probation-eligible, and the court must impose mandatory prison time.

Even if no one was injured, the system can still treat you as a violent offender. That’s why early intervention by an experienced Phoenix unlawful discharge of firearm lawyer is critical.

Common Situations That Lead to Unlawful Discharge Charges

Many of my clients never imagined they would face a firearm-related felony. But Arizona’s broad law means good people can get caught in bad situations:

• Accidental Discharge: Cleaning or unloading a firearm when it unexpectedly fires.
• Self-Defense Scenario: You fired to protect yourself but police question your intent.
• Mechanical Malfunction: A defective firearm discharges without intent.
• Noise Complaints: Neighbors hear a gunshot and call police, even if it came from a safe location.
• Misidentified Shooter: Law enforcement arrests the wrong person based on sound or proximity.
• Recreational Shooting: Practicing on rural land that happens to fall within city limits.

Each of these situations demands a different legal strategy, but all require one thing — a smart, evidence-driven defense that exposes doubt and prevents prosecutors from turning a mistake into a felony conviction.

How I Build a Smart Defense

I don’t rely on generic arguments or emotional appeals. My approach is methodical, strategic, and results-oriented. As your Phoenix unlawful discharge of firearm lawyer, I’ll take these key steps:

1. Examine the Evidence Thoroughly

Police reports, shell casings, ballistic tests, and 911 recordings are just the start. I analyze whether the firearm truly discharged negligently and whether investigators handled evidence correctly.

2. Challenge the “Negligence” Element

Negligence is not the same as intent. Many firearm discharges are accidental, caused by factors outside your control. I show that you acted responsibly and that the event does not meet the legal standard for negligence.

3. Investigate Police Conduct

Law enforcement sometimes makes quick arrests under community pressure. I identify procedural errors, rights violations, or flawed testing that weaken the prosecution’s case.

4. Present Alternative Explanations

Mechanical malfunction? Noise confusion? Self-defense? I use forensics, expert witnesses, and environmental data to demonstrate there’s another logical explanation for the discharge.

5. Negotiate or Fight in Court

If dismissal or reduction to a misdemeanor is possible, I negotiate aggressively. If the state refuses, I’m fully prepared to defend you at trial — strategically, precisely, and relentlessly.

That’s Smart Defense. Strong Results.

Common Defenses to Unlawful Discharge Charges

Every case is unique, but several proven defense strategies often lead to reduced or dismissed charges:

Lack of Negligence

If you handled your firearm responsibly and the discharge was accidental, the core of the prosecution’s case collapses.

Self-Defense

Arizona law protects your right to defend yourself and others. If you discharged your weapon because of a reasonable fear of harm, your actions were lawful.

Mechanical Malfunction

Firearms can misfire without user error. Expert testimony often proves the gun, not the owner, was at fault.

Mistaken Identity

In densely populated areas, witnesses may misidentify shooters. Sound travels unpredictably — and without solid proof, there’s reasonable doubt.

Violation of Constitutional Rights

If police searched your property without a valid warrant or probable cause, any evidence they obtained can be suppressed.

A well-crafted defense doesn’t just rely on the law — it anticipates every move the prosecution might make.

Why Unlawful Discharge Cases Require a Strategic Approach

Gun-related charges carry unique challenges. Jurors, judges, and even prosecutors bring personal beliefs about firearms into the courtroom. I navigate these biases by presenting facts, context, and expert analysis rather than emotion.

As your Phoenix unlawful discharge of firearm lawyer, I use strategic framing to shift perception — from a narrative of danger to one of responsibility, caution, and misunderstanding.

Because once the court sees you as a responsible gun owner caught in an unfortunate event, the entire tone of the case changes.

Collateral Consequences of a Conviction

Beyond fines and prison, a conviction can ripple through your life:

• Loss of Second Amendment Rights: You may permanently lose your right to own or carry firearms.
• Employment Barriers: Background checks can limit career opportunities in many fields.
• Professional Licensing Issues: Nurses, teachers, real-estate agents, and other licensed professionals can face disciplinary action.
• Housing and Immigration Consequences: Felony convictions can affect rental applications and immigration status.

I understand how these outcomes impact real lives. My job is to protect not only your freedom but also your future stability and reputation.

Why Clients Choose Attorney Josh

My clients choose me because they know I combine legal expertise, precision, and personal dedication to deliver results.

Here’s what sets my firm apart:

• 165 Five-Star Google Reviews from real clients who trusted me with their freedom.
• Smart Defense Strategy that focuses on evidence, psychology, and jury perception.
• Direct Access — you work with me personally, not a junior associate.
• Proven Results — reductions, dismissals, and acquittals through strategic advocacy.
• Strong Communication — clear updates and honest guidance at every stage.

I treat every case as if my own reputation were on the line — because, in a way, it is.

Frequently Asked Questions

Can an Unlawful Discharge Charge Be Dismissed?

Yes. If evidence shows the discharge was accidental, unavoidable, or unsupported by proof of negligence, dismissal is possible.

Is Unlawful Discharge a Felony or Misdemeanor?

It is typically charged as a Class 6 felony, though skilled negotiation may reduce it to a misdemeanor in some cases.

Can I Lose My Gun Rights?

Yes, a felony conviction will result in the loss of your firearm rights. A dismissal or misdemeanor reduction can help preserve them.

Do I Need a Lawyer If It Was an Accident?

Absolutely. Even honest mistakes can lead to felony prosecution. A defense lawyer ensures your side of the story is heard clearly and effectively.

What Should I Do After an Arrest?

Do not speak to police without counsel. Contact a qualified Phoenix unlawful discharge of firearm lawyer immediately to protect your rights.

Areas Served

I represent clients in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and throughout Maricopa County.
No matter where your case originates, you’ll receive the same high-level defense and personal attention that have earned me more than 165 five-star reviews.

How We Can Help

If you’re facing an unlawful discharge of firearm charge in Phoenix, the stakes couldn’t be higher. One mistake or misunderstanding should not define your life.

At the Law Office of Joshua A. Lopez, Esq, I combine deep legal knowledge with tactical precision to secure Smart Defense. Strong Results.

Call 480-386-1824 today for a free and confidential consultation.
Let’s discuss your case, review the evidence, and build a strategic defense designed to protect your freedom, your rights, and your reputation.
When everything is on the line, you deserve more than ordinary representation — you deserve Smart Defense. Strong Results.