Narcotic Drug Sales Defense Lawyers
Charged with the sale, transfer, or transport of narcotic drugs (A.R.S. § 13-3408), cocaine, heroin, or fentanyl? This is a Class 2 felony with mandatory prison, often built on a confidential informant and a controlled buy. Those cases have real weaknesses, unreliable informants, entrapment, identity, and chain of custody. Do not talk to detectives, and do not assume the case is airtight. Call us first.
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What Is Sale of a Narcotic Drug in Arizona?
Quick answer: Under A.R.S. § 13-3408, the sale, transfer, transport for sale, or offer to sell a narcotic drug, cocaine, heroin, fentanyl, or other opioids, is a Class 2 felony carrying mandatory prison and no Proposition 200 probation. Many of these cases are made through confidential informants and controlled buys run by a drug task force. Those investigations are vulnerable: informants are often unreliable and self-interested, the buy procedure may be flawed, the identity of the seller may be in doubt, and the chain of custody for the drugs and money can break. The defense attacks the buy, the informant, and the proof.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending sale of narcotic drugs and other drug cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Sale of a Narcotic Drug in Arizona?
- Is sale of a narcotic drug a felony in Arizona?
- How much prison time can you get for selling narcotics in Arizona?
- Can you challenge a confidential informant in an Arizona drug-sale case?
- What is entrapment in an Arizona drug-sale case?
- Can a narcotic-sale charge be reduced to possession in Arizona?
- Can an illegal search, wiretap, or mistaken identity help a narcotic-sale case?
- Where Narcotic Sale Fits
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with sale of narcotic drugs in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-3408, the penalties, and the defenses that matter most.
Is sale of a narcotic drug a felony in Arizona?
Yes. Sale, transfer, or transport for sale of a narcotic drug — cocaine, heroin, or fentanyl — under A.R.S. § 13-3408 is a Class 2 felony, carrying mandatory prison and no Proposition 200 probation. It sits at the top of the narcotic-charge ladder.
Awards & Recognition
Our recognition for Phoenix drug crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix drug crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
How much prison time can you get for selling narcotics in Arizona?
Sale and transport for sale are mandatory-prison Class 2 felonies with no Prop 200 eligibility, typically 5 to 15 years for a first offense. A sale within a drug-free school zone (A.R.S. § 13-3411) can add further time, which is why attacking the buy and reducing the charge are so important.
Can you challenge a confidential informant in an Arizona drug-sale case?
Yes. Most narcotic-sale cases are built by a task force using confidential informants who arrange controlled buys. Informants are frequently paid or working off their own charges, giving them every incentive to produce a sale and shade the truth. We expose their bias and credibility problems, which can be the key to the case.
What is entrapment in an Arizona drug-sale case?
Entrapment is a complete defense when government agents induce a person to commit a crime they were not predisposed to commit. In sale cases where an informant or agent pushed the transaction, entrapment can defeat the charge entirely.
Can a narcotic-sale charge be reduced to possession in Arizona?
Often, yes. Where the sale proof is thin, identity is shaky, the informant is weak, or the ‘sale’ is really just possession, we push to reduce the charge to simple possession — a Class 4 felony — which restores Proposition 200 and probation eligibility instead of mandatory prison.
Can an illegal search, wiretap, or mistaken identity help a narcotic-sale case?
Yes. Evidence from an unlawful stop, search, or wiretap can be suppressed, often gutting the State’s proof. And in buy-bust and surveillance cases the seller’s identity frequently rests on grainy video, an informant’s word, or a phone number — the State must prove beyond a reasonable doubt that it was you.
Where Narcotic Sale Fits
Sale and transport carry the most exposure on the narcotic ladder; reducing to possession restores probation eligibility.
| Conduct | Felony Class | Prop 200 / Probation | First-Offense Exposure* |
|---|---|---|---|
| Possession / Use | Class 4 | Yes (1st/2nd) | Probation + treatment |
| Possession for Sale | Class 2 | No | 3 – 12.5 yrs (mandatory) |
| Sale / Transfer | Class 2 | No | 5 – 15 yrs (mandatory) |
| Transport for Sale | Class 2 | No | 5 – 15 yrs (mandatory) |
*Exposure depends on the amount (A.R.S. § 13-3401), priors, and aggravators. A sale within a drug-free school zone (13-3411) adds further time.
What the State Must Prove for Sale of Narcotic Drugs
To convict you of Sale of Narcotic Drugs under A.R.S. § 13-3408, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A narcotic drug. The substance is a listed narcotic (A.R.S. § 13-3401), confirmed by a reliable lab analysis.
- 2A sale, transfer, transport, or offer. You sold, transferred, transported for sale, or offered to sell the drug, the conduct, and who did it, are often disputed.
- 3Knowingly. You acted knowingly with respect to the drug and the transaction.
- 4Identity & intent. The State must prove it was you, and that the conduct was a sale, not mere possession or presence.
Examples of Conduct Charged as Sale of Narcotic Drugs
- A controlled buy arranged by a confidential informant
- An alleged hand-to-hand sale on surveillance
- Transporting narcotics the State says were for sale
- An offer to sell captured in texts or a recording
- A buy-bust operation by a drug task force
What Sentence Could You Actually Face?
Narcotic sale is a mandatory-prison Class 2 felony with no Prop 200. The defense focuses on attacking the informant and the buy, the identity, and the chain of custody, and on reducing the charge to possession.
Class 2
Sale / Transport
Goal: Class 4
Reduced to Possession
Best Case
Suppression / Dismissal
⚠ Informant Cases Have Real Weaknesses
A narcotic-sale case can look airtight and still fall apart. Confidential informants are often paid or working off their own charges, controlled-buy procedures are frequently flawed, the seller’s identity may rest on grainy video or an informant’s word, and the chain of custody for drugs and buy money can break. We pull the task-force file apart, and where the sale theory is weak, push to reduce the case to simple possession, restoring probation.
How We Fight Arizona Sale of Narcotic Drugs Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Buy & the Informant
Unreliable Informant. Informants are often paid or working off charges, with every incentive to produce a sale. We expose their bias and credibility problems.
Entrapment. Where agents induced a sale the client was not predisposed to commit, entrapment is a complete defense.
Flawed Buy Procedure. Gaps in the search of the informant, the marked money, the recording, and the surveillance create reasonable doubt.
Mistaken Identity. The State must prove you were the seller, often the weakest link in buy-bust and surveillance cases.
Attacking the Evidence & the Charge
Chain of Custody. We trace the drugs, the buy money, and the recordings and expose gaps that make the evidence unreliable.
It Was Possession, Not Sale. Where the ‘sale’ proof is thin, we push to reduce the charge to simple possession, restoring probation eligibility.
Unlawful Search or Wire. Evidence from an illegal stop, search, or wiretap can be suppressed, gutting the case.
Lab Identification & Weight. We test the drug analysis and weight, which the State must still prove beyond a reasonable doubt.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Sale of Narcotic Drugs Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles sale of narcotic drugs cases across Arizona.
Controlled-Buy Identity
Charges Dismissed
The State could not reliably prove our client was the person in the controlled buy, and the case was dismissed.
Unreliable Informant
Charges Reduced
We exposed the paid informant’s credibility problems, reducing a sale charge to a far lesser count.
Sale Reduced to Possession
Reduced to Possession
With thin sale proof, we reduced a Class 2 sale charge to personal possession, restoring Prop 200 eligibility.
Entrapment Defense
Charges Dismissed
Evidence that agents induced the transaction supported an entrapment defense, and the State dismissed.
Transport for Sale, No Intent
Reduced to Possession
We defeated the ‘for sale’ element on a transport charge, dropping it to simple possession.
Chain-of-Custody Failure
Charges Dismissed
Gaps in the handling of the drugs and buy money made the evidence inadmissible, ending the case.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best drug sales lawyer in Phoenix, a narcotic sale or trafficking defense attorney, or help with an A.R.S. 13-3408 sale charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend sale of narcotic drugs and other drug cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona drug crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Sale of Narcotic Drugs FAQs
Quick answers to the questions we hear most about sale of narcotic drugs charges, penalties, and defenses in Arizona.
Is sale of a narcotic drug a felony in Arizona?
Yes. Sale, transfer, or transport for sale of a narcotic drug under A.R.S. 13-3408 is a Class 2 felony, carrying mandatory prison and no Proposition 200 probation. It sits at the top of the narcotic-charge ladder.
How are narcotic-sale cases usually built?
Most are made by a drug task force using confidential informants who arrange controlled buys. Those investigations have real weaknesses, unreliable informants, flawed buy procedures, identity issues, and chain-of-custody gaps.
Can I challenge a confidential informant?
Yes. Informants are frequently paid or working off their own charges, giving them strong incentives to produce a sale and shade the truth. We expose their bias and credibility problems, which can be the key to the case.
What is entrapment?
Entrapment is a defense when government agents induce a person to commit a crime they were not predisposed to commit. In sale cases where an informant or agent pushed the transaction, entrapment can be a complete defense.
Can a sale charge be reduced to possession?
Often, yes. Where the sale proof is thin, identity is shaky, the informant is weak, or the ‘sale’ is really just possession, we push to reduce the charge to simple possession, which restores Proposition 200 and probation eligibility.
What does ‘transport for sale’ mean?
It can apply to simply driving with narcotics, but the State must still prove intent to sell, not just possession. Defeating that intent element drops a transport charge to simple possession.
Is identity a strong defense in buy-bust cases?
Frequently. The seller’s identity often rests on grainy video, an informant’s word, or a phone number rather than solid proof. The State must prove beyond a reasonable doubt that you were the seller.
Can an illegal search or wiretap help my case?
Yes. Evidence from an unlawful stop, search, or wiretap can be suppressed. In a case built on a wire or a search, suppression can gut the State’s proof and lead to dismissal.
Will a narcotic-sale conviction mean prison?
Yes, sale and transport are mandatory-prison Class 2 felonies with no Prop 200 eligibility, typically 5 to 15 years for a first offense. That’s why attacking the buy and reducing the charge are so important.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Sale, transfer, or transport of a narcotic drug (A.R.S. § 13-3408) is a Class 2 felony with mandatory prison.
- There is no Proposition 200 probation for a sale charge, the exposure is serious from the start.
- Many cases rely on a confidential informant and a controlled buy, both of which can be challenged.
- Entrapment, an unreliable informant, mistaken identity, and a broken chain of custody are core defenses.
- “Transport for sale” can apply even to driving with drugs, but still requires proof of intent to sell.
- An illegal stop, search, or wire can get the evidence suppressed and the case dismissed.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.