Law Office of James Novak

The Law Office of James Novak, PLLC is a criminal defense firm in Tempe serving clients throughout Maricopa County, including Phoenix, Mesa, Chandler, Gilbert, Scottsdale, and Tempe. Attorney James Novak is a former prosecutor who exclusively defends those facing weapons-related criminal charges.

Unlawful discharge charges are prosecuted aggressively in Arizona. The state has two distinct laws covering this offense:

State Law (A.R.S. 13-3107) - Known as "Shannon's Law," this applies when someone discharges a firearm with criminal negligence into or within city limits. These are charged as Class 6 felonies, carrying 0.5 to 1.5 years in prison (or 1.5 to 3 years if prosecuted as a dangerous offense).

City Ordinances - Cities like Mesa (Code 6-1-15) prohibit willful or negligent discharge of firearms, shotguns, pellet guns, or rifles within city limits. These are Class 1 misdemeanors: up to 6 months jail, fines up to $2,500, and probation.

Defenses vary based on case facts and circumstances:

• •4th Amendment violations - No probable cause for arrest
• •Mistaken identity - Eyewitness misidentification of the shooter
• •Justification defenses - Self-defense (A.R.S. 402) or necessity (A.R.S. 417)
• •Location defenses - Firearm discharged outside city limits or more than one mile from occupied structures
• •Lack of criminal negligence - Prosecution cannot prove the required state of mind
• •Insufficient evidence - Prosecutor cannot prove all elements beyond reasonable doubt
• •Constitutional violations - Miranda rights violations, due process violations, 6th Amendment violations
• •Duress - Defendant acted under threat
• •Alibi - Defendant wasn't present or firearm was stolen
• •Trial errors - Improper procedures at trial

Arizona allows firearm discharge in specific situations:

Police can arrest the wrong person if they believe they have probable cause. If arrested:

1. Cooperate with detention procedures - Answer routine identification questions 2. Exercise your right to silence - Do not answer questions about the incident without your attorney present 3. Avoid confrontation - Police are trained to use necessary force if threatened. Reaching for weapons, advancing toward officers, or pointing guns escalates situations to aggravated assault charges 4. Contact an attorney immediately - Even innocent-sounding statements can be used against you later

"Statements made without an attorney present can be devastating to your defense, even if they seem harmless at the time."

With experienced representation, favorable resolutions include:

• •Dismissal or acquittal of charges
• •Reduction from Class 6 felony to Class 1 misdemeanor (eliminates prison risk)
• •Elimination of "dangerous offense" sentencing
• •Probation or alternative sentencing instead of jail time
• •Charge reduction and lower classification

James Novak serves clients throughout Arizona, specifically in Maricopa County including:

• •Phoenix, Mesa, Chandler, Gilbert, Scottsdale, Tempe
• •Apache Junction, Fountain Hills, Queen Creek, Sun Lakes
• •Ahwatukee, Guadalupe, Fort McDowell
• •Arizona State University campuses in Maricopa County

Law Office of James Novak, PLLC 4500 S Lakeshore Dr #352 Tempe, AZ 85282

Phone: (480) 413-1499 Text: (602) 908-8123

• •Free initial consultation available 24/7 - James Novak handles the consultation directly. Confidential case evaluation with no obligation.