If you’ve been arrested and charged with a drug-related crime in Phoenix, the chances of being subjected to severe penalties are alarmingly high.
Arizona criminal courts enforce strict punishments for crimes involving drugs, including the possession, manufacturing, and transportation of controlled substances. Give yourself a chance at freedom by hiring an experienced Phoenix drug crime lawyer.
Salwin Law Group is proud to have earned the title of one of the best criminal defense law firms in Phoenix. Stewart Salwin, the principal attorney, graduated cum laude from Harvard Law School and is a former Arizona prosecutor.
If you or someone close to you is charged with a drug offense, get in touch with the Phoenix drug crimes lawyers at Salwin Law Group today. You can either call our office at (480) 702-1789 or fill out a short contact form to speak with a defense attorney near you.
If you need help resolving a criminal matter, don’t hesitate to call us today at 480-702-1789 for a free consultation.
Speak with a Phoenix Drug Crime Defense Attorney Today
The State of Arizona does not take drug crimes lightly. Arizona imposes harsh penalties for drug offenses, ranging from minor misdemeanors to criminal felonies. If you are facing drug-related criminal charges, it is in your best interest to hire an experienced Phoenix drug crime lawyer as soon as possible.
Need Legal Help? Contact Us.or, give us a ring at (480) 702-1789.
The legal team at Salwin Law Group understands the importance of keeping you out of jail and preventing your record from being tarnished. When you choose to hire me as your personal legal advocate, you receive counsel from an attorney with years of experience as a prosecutor and one who has handled thousands of cases.
If you’ve been arrested and charged with a drug-related crime, don’t wait until it’s too late to get the legal help you need. Call us today at 480-702-1789 for a free consultation.
Types of Drug Crimes Cases We Handle
We have experience representing clients accused of all types of drug-related offenses, including:
- Possession of dangerous (illegal) drugs
- Possession of narcotic drugs
- Possession of drug paraphernalia
- Possession for intent to sell
If you’ve been charged with either a felony or misdemeanor drug offense, our experienced Phoenix drug crime lawyers can help.
Penalties for Possession of Dangerous Drugs in Arizona
What is included in the definition of “dangerous drugs” in Arizona? As it turns out, there is a very long list of drugs defined as “dangerous” by statute.
ARS 13-3401(6) provides a list of over 200 different drugs that are classified as “dangerous”.
A.R.S. § 13-3407 criminalizes the possession of dangerous drugs in Arizona. Methamphetamine, MDA, PCP, and anabolic steroids are all classified as dangerous drugs in Arizona. A person convicted for possession of dangerous drugs may face either probation or prison time depending on whether they have prior felony or drug convictions.
A defendant who is charged and convicted under ARS 13-3408, faces different penalties depending on 1) the level of felony of the crime 2) how many previous felony convictions they have; and 3) whether the drug involved was methamphetamine.
There are much harsher penalties for methamphetamine charges than those in which another dangerous drug was involved.
Each class of felony carries a prison range. Here is the range for first-time felony offenses for non-methamphetamine charges:
- Class 2 felony: 2 to 12.5 years in prison.
- Class 3 felony: 2 to 8.75
- Class 4 felony: 1 to 3.75
Second-time felony convictions for non-methamphetamine charges:
- Class 2 felony: 4.5 to 23 years
- Class 3 felony: 3.25 to 16.25
- Class 4 felony: 2.25 to 7.5
Third-time felony convictions for any dangerous drug:
- Class 2 felony: 10.5 to 35 years
- Class 3 felony: 7.5 to 25
- Class 4 felony: 6 to 15
If the defendant is eligible for and receives probation for a violation of ARS 13-3407, they will receive the following mandatory penalties:
- Not less than $1000 or three times the value of the narcotic drugs seized in the case.
- 360 hours of community restitution (i.e., community service).
If the defendant is a first-time offender and has violated ARS 13-3407(a)(2), (3), (4), or (7) and the drug involved is methamphetamine they face the following prison term:
- 5 to 15 years
If the defendant is a second-time offender and has violated ARS 13-3407(a)(2), (3), (4), or (7) and the drug involved is methamphetamine they face the following prison term:
- 10 to 20 years
Penalties for Possession of Narcotic Drugs
A.R.S. § 13-3408 makes it a felony offense to possess narcotic drugs in Arizona. Cocaine, heroin, and oxycodone are all classified as narcotic drugs in Arizona. If a person is caught in possession of narcotic drugs, they may face either probation or prison time depending on their criminal history.
If a person is convicted of violating ARS 13-3408, the penalties they face depend on 1) the level of felony of the crime and 2) the number of prior felony convictions on their record.
Each class of felony carries a range of potential penalties. Here is the range of potential penalties for a first-time offense:
- Class 2 felony: 2 to 12.5 years in prison.
- Class 3 felony: 2 to 8.75
- Class 4 felony: 1 to 3.75
If this is a second historic prior felony, the potential prison ranges are:
- Class 2 felony: 4.5 to 23 years
- Class 3 felony: 3.25 to 16.25
- Class 4 felony: 2.25 to 7.5
For third-time felony offenders, the ranges increase further:
- Class 2 felony: 10.5 to 35 years
- Class 3 felony: 7.5 to 25
- Class 4 felony: 6 to 15
For those who receive probation for a violation of ARS 13-3408, they will receive the following mandatory penalties:
- Not less than $2000 or three times the value of the narcotic drugs seized in the case.
- 360 hours of community service.
Penalties for Possession of Drug Paraphernalia in Arizona
The possession of drug paraphernalia is punished as a class 6 felony offense. Under Arizona law, any crime that is charged as a class 6 felony can also be charged as a class 1 misdemeanor, which is a less serious level of offense.
If you have been charged by a city prosecutor’s office, then you will be facing misdemeanor charges because the city is not allowed to prosecute felonies. The county attorney offices in Arizona can charge either misdemeanors or felonies, so if you are prosecuted by the county you will likely be facing felony charges.
Each class of felony and misdemeanor carries a range of potential penalties. First-time felony offenders face the following range of penalties if probation is not an option:
- Possession of Drug Paraphernalia a class 6 felony: .33 to 2 years in prison
Second-time felony offenders:
- .75 to 2.75 in prison
Third-time felony:
- 1 to 3.75 in prison
Possession of Drug Paraphernalia charged as a class 1 misdemeanor carries these potential penalties:
- Up to 6 months in jail
- Up to $2500 in fines
For misdemeanor offenders and for first-time felony offenders, probation may also be an option. All the potential punishments can also come with fines and court surcharges, as well as the requirement to attend court-ordered treatment classes.
Penalties for Possession of Drugs for Intent to Sell in Arizona
Possessing an amount of a “dangerous drug” that exceeds the statutory threshold for that substance may result in being charged with possessing it for sale. The statutory threshold quantity is usually calculated by weight and varies depending on the particular controlled substance.
When it comes to handling drug possession, an individual’s intention to sell can cause felony charges that are more severe than regular drug possession cases.
Drug possession with intent to sell is often categorized as a class 2 felony offense.
Each class of felony carries a range of potential penalties. Here is the range of potential penalties for a first-time offense:
- 4 to 10 years in prison
Second-time felony offenders:
- 6 to 18.5 years in prison
Third-time felony:
- 14 to 28 years in prison
For first and second-time felony offenders, probation may be an option. If this is your third time with a felony drug possession with intent to sell charge, probation is not an option.
For those who receive probation for a violation of ARS 13-3408, they will receive the following mandatory penalties:
- Not less than $2000 or three times the value of the narcotic drugs seized in the case.
- 360 hours of community service.
Potential Defenses for Drug Crimes in Arizona
One of the most important reasons for speaking with and hiring a criminal defense lawyer is to mount an effective defense strategy against the drug crime charges you are facing.
The right strategy can be the difference between reducing your sentence (or arranging a lighter plea deal) and receiving the maximum penalties for a conviction.
In some cases, a skilled criminal defense lawyer can get the drug crime charges dropped entirely.
Some of the most common defenses used in drug crime cases include:
- Lack of knowledge: If you were not aware of the presence of drugs or paraphernalia, then you can argue that you did not know about it.
- Illegal search and seizure: Police must have a valid probable cause before searching your property or person.
- Lack of evidence: If there is not enough evidence that you committed the drug crime, then it can be argued in court.
- Valid prescription: If you have a valid prescription for the drugs in question, then you cannot be charged with drug possession.
- Entrapment: If police coerced or forced you to commit a crime, then this can be used as an effective defense.
Despite these potential defenses, it is important to remember that drug crimes in Arizona are taken very seriously and the penalties can be substantial.
Do not take this situation lightly.
At Salwin Law Group, we offer free consultations for drug-related criminal charges, so it costs you nothing to speak with one of our experienced criminal defense lawyers.
Call our office at (480) 702-1789 or fill out one of our short contact forms online to schedule your free consultation.
Have You Been Charged with a Drug Crime in Phoenix?
Contact our Phoenix drug crime lawyer at Salwin Law Group today at (480) 702-1789. We’ll listen to your story and provide a free case evaluation. There is no obligation. We are happy to answer your questions and help you understand your options.
What Makes Our Law Firm Different?
Stewart Salwin is the only criminal defense attorney in Phoenix who is a Harvard Law graduate and former DUI prosecutor. When you hire Salwin Law Group, you get an elite defense. Your case will be handled directly by Mr. Salwin, not an associate attorney.
Every client receives Mr. Salwin’s cell phone number. You will have direct access to a lawyer who is here to help you. We know this is can be a frightening time in your life, and Mr. Salwin will not only be your attorney but also your partner to help you make it through this crisis.
Schedule Your Free Consultation with a Phoenix Drug Crime Lawyer Today
You are only one call away from getting the help you need.
Salwin Law Group offers a free consultation for drug crime-related cases. There is no obligation. We are happy to have you as our client, and we are confident you will be as satisfied as our many previous clients with the experience they received. But if you don’t think our firm is the right fit for you, that’s no problem! Mr. Salwin will happily refer you to other Phoenix drug crime attorneys that he knows personally.
We want what is best for you.
This is the philosophy of Salwin Law Group. We are always straightforward and honest with our clients. You owe it to yourself to get the benefit of an elite defense.
Call
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a criminal defense law firm based in Scottsdale, Arizona, just outside of the greater Phoenix area. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
Rate this Post
Loading...