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Misconduct Involving Weapon- Use or Possession of Deadly Weapon during Commission of Drug Offense

In Arizona a person arrested for a felony offense may also be charged with use or possession of a deadly weapon during commission of a drug offense if a firearm is found near the drugs.

The Arizona courts have determined that the weapon was used or available for use or was intended to further the drug offense. The connection between the drug offense and the weapon should establish the proximity and accessibility of the weapon to the defendant and the site of the drug offense.

Misconduct involving weapons during a felony drug offense requires the state to prove the defendant committed the offense and at the time knowingly possessed a deadly weapon that was used or could have used to commit the crime.

Brian DiPietro Law, PLLC
Brian DiPietro Law, PLLC
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"With 42 years of elite trial experience, Brian DiPietro provides sophisticated criminal defense to the Phoenix community. Since founding Brian DiPietro Law, PLLC, Brian has focused on protecting the liberty of those facing complex felony charges and high-stakes white-collar investigations. His four-decade legacy in Arizona's courts is built on rigorous preparation, technical statutory depth, and a commitment to securing just outcomes for every client."

Brian DiPietro Law, PLLC
Brian DiPietro Law, PLLC
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm