How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16258
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Is there a prison mandatory sentence for a per convicted of

Resolved Question:

Is there a prison mandatory sentence for a per convicted of being a prohibited possessor in the state of Arizona. Also, I know it's a Felony, but what class?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me more about the charge?
Customer: replied 3 years ago.
My ex-wife is being charged with a prohibited possessor felony in Pima County Az. She is a convicted felon, she went out and was shooting a semi-automatic rifle with my 9 year old daughter. She posted the picture on Facebook, so I printed the picture and called the police. I reported it to the Peoria Az police dept., because that's where we live. The officer called my ex and she admitted everything. The officer told me I had to call Tucson police because that's where the crime took place. The detective in Tucson called my ex and she admitted it to him as well. She was arrested and released and has a court date Sept. 15th.
Expert:  Ely replied 3 years ago.
Hello,

I have referred your question to an expert who is well-versed in just this type of matter. Please allow her some time to answer, as she is unavailable at the moment. She should follow up this evening, at the latest.
Expert:  Zoey_ JD replied 3 years ago.
Hello, Jacustomer.

Your Expert asked me to take a look at this for you.

As you probably know already by now, Section 18 USC 922(d) says that if you have been convicted of a crime for which the maximum possible penalty is more than a year, you lose your Federal gun rights. That means by definition that a Felon has no rights to be anywhere near a firearm in Arizona or, in any other state. The maximum penalty for a felon in possession of a firearm in the Federal system is 10 years of prison.

In Arizona, similarly, a felon loses his gun rights. That would make this defendant a prohibited possessor under ARS 13-3102.4 As you can see in section L of that statute when you scroll all the way down, this offense would be a Class 4 felony in Arizona.

In AZ the presumptive sentence for a Class 4 felony is 2.5 years. To sentence a defendant to more than 2.5 years, there would have to a finding of aggravated factors.

But you are interested in the minimum. To go below the presumptive sentence, the court would have to look at mitigating factors. However, on a Class 4 Arizona felony, the judge does have the power to put the sentencing guidelines aside and sentence a defendant to probation UNLESS the crime is considered a "dangerous offense" In 13-105(d) Arizona involves a dangerous offense as :

"an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

So yes, this would appear to have a mandatory jail sentence. However, that is only if the prosecutor refuses to reduce or dismiss this charge in order to allow your wife to plead guilty to something else for which probation would be possible. Arizona, in general, is a liberal state where firearms are concermed, and it's possible that her lawyer may be able to work something out to that effect. Whether that's likely, however, will depend a great deal on the facts and circumstances of the case and the particular feelings of the prosecutor. The fact that there was a child with her probably won't do her much good. It's not a foregone conclusion, but at least some time looks like a good bet here.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16258
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.