Navigating The Complexities Of Felony Drug Charges
In Arizona, if you are found in possession of large quantities of drugs, police and prosecutors will argue that the drugs found in your possession are for sale. This potentially exposes you to a mandatory prison sentence.
Due to the seriousness and length of the possible prison sentence, it is imperative that you have a knowledgeable lawyer on your side for drug sales and distribution charges.
At Lane, Hupp, & Crowley, PLC, we are experienced and skilled in defending people accused of selling drugs and other drug crimes. We will thoroughly investigate your case to seek a reduction or dismissal of charges when possible.
Potential Consequences Depend On The Threshold Amount
If the amount found in your possession is at or exceeds what Arizona law refers to as a “threshold amount,” prosecutors will presume that you possessed the drug for sale, rather than for personal use. The threshold amount for each drug under Arizona law is as follows:
- 2 pounds of marijuana
- 9 grams of cocaine
- 1 gram of heroin
- 4 grams or 50 milliliters of PCP
- 9 grams of methamphetamine
- 9 grams of amphetamine
- For all other drugs, it is the amount valued at $1,000
Conviction for sales with an amount above the threshold will result in mandatory prison time.
The Classification Of Drug Sale Charges Can Vary
Possession of marijuana for sale is a Class 4 felony if the marijuana possession is less than 2 pounds and is punishable by one to 3.75 years in prison.
Possession of narcotic drugs for sale and possession of dangerous drugs for sale are both Class 2 felonies and punishable by three to 12.5 years in prison.
For a person convicted of selling methamphetamine, there is a special sentencing scheme. A person convicted of sale of methamphetamine will be sentenced to five to 15 years in prison. If convicted a second time, the penalty is 10 to 20 years in prison.
Identifying The Right Defense Strategy For You
There are many defenses we can use throughout negotiations or at trial. The state must show that a person possessed the drug “knowingly” and intended to sell it. If a friend or family member possessed the drug, we will work to prove you were unaware of the situation. This could lead to a dismissal of the case or not guilty verdict.
Other possible defenses available include violations of your constitutional rights. Let us thoroughly investigate to determine whether such issues are present in your case.