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Drive by Shooting

Drive By Shooting in Arizona – ARS 13-1209

What is a drive by shooting in Arizona? ARS 13-1209 criminalizes the act of intentionally discharging a firearm at a person, vehicle, or building, while in a motor vehicle. In other words, it’s illegal to discharge a gun at a car, person, or building. 

This charge has severe consequences if found guilty. Like other weapon misconduct charges in Arizona, a drive by shooting conviction can be met with a long jail sentence. This offense is a Class 2 Dangerous Felony. Sentences can vary but they can be between 7 to 21 years of prison time. If a person has an allegeable historical prior dangerous felony conviction then they can face 14 to 28 years in prison. Two prior convictions means up to 35 years of incarceration. 

The Litwak Law Group believes that everyone is entitled to have their story told and their constitutional rights protected. We fight for everyone, regardless of race, gender, age, or class. If you have been charged with a violation of ARS 13-1209 or any other felony offense contact us today. We are based in Phoenix and represent clients throughout Arizona. 


Fighting Drive by Shooting Charges – Arizona Criminal Defense

Forensics: Forensics issues arise during this type of case when gunshot residue is not found on the alleged perpetrator. Barium, antimony, and lead can all be found on the hands of someone who has recently fired a firearm. If the police do not preserve this evidence correctly or if your hands were never found to contain any residue then our legal team can build a strong defense. 


Mistaken Identity: Identifying someone is not as easy as it seems. 

There are many examples of a witness misidentifying an accused criminal. 

Stress can lead to a clouding of memory. If a person is going through a stressful moment, period, or day their memory can be impacted. A witness could have been distracted when witnessing the crime or alleged perpetrator. 

Duration; if the amount of time that a witness had to see a perpetrator was too short then their recollection may be inaccurate. 

Was there a weapon? When a person sees a weapon their mind focuses on that. If a witness saw a weapon they could have been distracted and not accurately seen the actual person holding said weapon. Thus their reliability as a witness can be challenged.

What was the distance? The greater the distance between an eyewitness and a perpetrator, the higher the risk of a mistaken identification. It’s also important to remember that a person’s recollection of distance is not that accurate. When someone says “Oh I was 30 feet away” they’re probably off the mark considerably. 

Lighting: Inadequate lighting can reduce the reliability of an identification. You should consider the lighting conditions present at the time of the alleged crime in this case.

Intoxication: The influence of alcohol can affect the reliability of an identification. An identification made by a witness under the influence of a high level of alcohol at the time of the incident tends to be more unreliable than an identification by a witness who drank a small amount of alcohol.

Disguises/Changed Appearance: The perpetrator’s use of a disguise can affect a witness’s ability both to remember and identify the perpetrator. Disguises like hats, sunglasses, or masks can reduce the accuracy of an identification. Similarly, if facial features are altered between the time of the event and a later identification procedure, the accuracy of the identification may decrease. 


Litwak Law Group – Defending Your Rights

You need a fair and comprehensive legal evaluation, even when the cards seem stacked against you. No matter the situation everyone is entitled to the best defense possible. That’s why our firm will work diligently to build your defense and protect your rights. Contact us today to set up a consultation.