Arizona Appeals Court Upholds Gun Convictions Based on Circumstantial Evidence

A recent Arizona Court of Appeals decision shows how prosecutors can use indirect evidence to secure convictions for weapons offenses, even when police do not find a firearm during the arrest. If you are accused of a crime involving guns or drug sales, you should speak with an attorney who understands how the state builds these cases and how to challenge them.

Court Affirms Weapons Misconduct Convictions Without Direct Gun Possession

In State v. Aviles, the accused faced multiple felony charges in Pima County. These included conspiracy, money laundering, possession of dangerous drugs for sale, and two counts of misconduct involving weapons. After a jury found him guilty on all counts, he appealed, arguing that the evidence for the weapons charges did not meet the legal standard for conviction.

He claimed the state failed to prove he knowingly possessed firearms. No weapons were found on him during the arrest, and the two firearms tied to the case had been recovered months earlier in different locations.

Despite this, the appellate court upheld the jury’s decision. Investigators had found large quantities of methamphetamine, cash, and two guns throughout a long-term investigation. Witness testimony connected Aviles to drug trafficking, and prosecutors used that connection to support the weapons charges. Under Arizona law, people involved in felony drug activity cannot legally possess firearms. The court concluded that the jury could reasonably infer possession based on the totality of evidence.

Circumstantial Evidence Still Carries Weight in Arizona Criminal Trials

This ruling confirms that prosecutors do not always need direct evidence such as DNA, fingerprints, or eyewitness testimony to prove possession of a firearm. Instead, they can rely on circumstantial factors. In this case, the state presented a combination of drug evidence, cash seizures, and the accused’s alleged role in organized drug sales to support the weapons charges.

For individuals facing similar charges, this highlights an important reality. Even if law enforcement does not find a firearm on you at the time of arrest, the state may still pursue weapons misconduct charges. The court may consider surrounding evidence, such as your connection to drugs, the presence of weapons at a linked property, or the behavior of co-conspirators.

The jury’s role is to determine whether the collective evidence establishes guilt beyond a reasonable doubt. And once the jury reaches a decision, Arizona appellate courts will usually defer to that judgment unless the evidence was so weak that no reasonable person could agree with it.

Understanding Your Defense Options in Weapons and Drug Cases

If you are facing weapons misconduct charges tied to drug offenses, your legal defense must focus on separating your conduct from any firearms involved. It may not be enough to argue that the guns were not yours. You may need to show that you lacked access, knowledge, or any direct link to the weapons the state claims you possessed.

Arizona law makes it illegal for someone to knowingly possess a firearm during the commission of certain felonies, especially those involving drug trafficking. The penalties can increase sharply if prosecutors prove both crimes. That makes it critical to challenge how law enforcement connects you to the items seized during an investigation.

An experienced defense attorney may raise questions about the credibility of witnesses, the handling of physical evidence, or the timing and location of any recovered firearms. The strategy must start early and remain focused throughout the trial to preserve any issues for appeal if needed.

Contact an Arizona Criminal Defense Attorney Today

You do not need to be caught holding a weapon to face serious charges. Prosecutors can and often do rely on indirect proof to build their case. If you have been accused of drug sales, conspiracy, or weapons misconduct, you should speak with a lawyer who understands the way these cases unfold. Call The Law Office of James E. Novak today at (480) 413-1499 to speak with an experienced Arizona criminal defense attorney.