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.

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