Facing a Drive-By Shooting Charge in Arizona?

Understanding ARS 13-1209 and Your Defense Options

Firearms remain a leading cause of injury and death in Arizona. State lawmakers respond with aggressive statutes targeting gun crime—none more serious than ARS 13-1209, Arizona’s drive-by-shooting law. If you have been arrested in Tempe or anywhere in Maricopa County for allegedly firing a weapon from a vehicle, you are staring down a Class 2 felony—and mandatory prison time if convicted.

What Counts as a Drive-By Shooting?

Under ARS 13-1209, it is illegal to intentionally discharge a firearm from a motor vehicle at any of the following:

• A person
• An occupied motor vehicle
• An occupied structure (home, business, etc.)

You do not have to hit anyone to be charged. The mere act of firing is enough. ARS 13-1209 overlaps with other gun statutes—such as misconduct involving weapons (ARS 13-3102) and unlawful discharge (“Shannon’s Law”)—but the involvement of a vehicle elevates the offense to its own category.

Penalties for Violating ARS 13-1209

• Class 2 felony conviction (one step below Class 1)
• Mandatory minimum of 7 years in state prison (first offense)
• Up to 35 years if you have prior felony convictions
• Driver’s-license revocation (1–5 years) and destruction of the license
• Seizure & forfeiture of the vehicle used in the shooting
• Additional fines, restitution, probation, or community service

Given the severity, it is critical to involve counsel immediately to explore reductions—such as negotiating to an unlawful-discharge count (a Class 6 felony) or other lesser charge.

Possible Defense Strategies

The prosecution must prove guilt beyond a reasonable doubt. Depending on the facts, a Tempe criminal-defense attorney may argue:

• Mistaken identity / wrong defendant
• Flawed show-up or lineup procedures
• Fourth-Amendment violations (illegal stop, search, or warrant)
• Denial of counsel or Miranda errors
• Inaccurate ballistics or forensic testing
• Police-report discrepancies or officer misconduct

An aggressive defense may lead to dismissal, reduction to a lesser felony, or mitigation at sentencing.

Why Hire Ted Law?

• Decades of combined experience with serious Arizona gun charges
• Familiarity with Maricopa County courts, judges, and prosecutors
• 24/7 availability for jail visits and emergency bond hearings
• Proven track record negotiating lesser charges and avoiding mandatory prison

Call (602) 453-3100 or contact us online for a free, confidential consultation. The sooner we intervene, the better chance we have of protecting your freedom and your future.