If you have been charged with possession of drugs for sale, we are here to help. Our team of experienced attorneys has the knowledge and experiencedise to provide you with a strong defense and protect your rights. Possession of drugs for sale is a serious offense that carries severe penalties. It is crucial to understand the law, sentencing guidelines, and potential defenses to this charge.
Possession of Drugs for Sale Charges
Possession of Drugs for Sale Statutes
Arizona Revised Statutes §13-3407
This Arizona Revised Statute makes it illegal for any person to possess any dangerous drug, narcotic drug, or prescription-only drug with the intent to sell it. Possession of drugs for sale is a felony offense that carries severe penalties. The penalties for possession of drugs for sale in Arizona depend on the type and amount of the drug involved, as well as the circumstances of the offense.
For example, possession of methamphetamine for sale is a class 2 felony that can result in up to 12.5 years in prison, while possession of marijuana for sale is a class 4 felony that can result in up to 3.75 years in prison. The court will also consider the defendant’s criminal history and other aggravating or mitigating circumstances when determining the sentence.
Potential Consequences
A Possession of Drugs for Sale conviction in Arizona carries serious penalties, which vary based on the degree of the offense. Consequences may include:
- Imprisonment
- Substantial fines
- Probation
- A lasting criminal record
These penalties can significantly impact your personal and professional life, making it crucial to have an experienced legal team on your side.
Sentencing Guidelines for Possession of Drugs for Sale in Arizona
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The sentencing guidelines for possession of drugs for sale in Arizona vary depending on the type and amount of drugs involved, as well as the number of prior felony convictions a defendant has. Below is a breakdown of the sentencing guidelines based on drug type and prior convictions:
It is important to note that these guidelines are not set in stone, and the actual sentence can vary based on other factors, such as any aggravating or mitigating circumstances.
Methamphetamine for Sale
First-time felony: Possession of methamphetamine for sale is a class 2 felony that can result in a sentence ranging from 5 years to 12.5 years in prison for a defendant with no prior felony convictions.
One historical felony: A defendant with one prior felony conviction who is convicted of possession of methamphetamine for sale may face a sentence ranging from 7 years to 23.25 years in prison.
Two or more historical felonies: A defendant with two or more prior felony convictions who is convicted of possession of methamphetamine for sale may face a sentence ranging from 10.5 years to 35 years in prison.
Narcotic Drugs for Sale
First-time felony: Possession of narcotic drugs for sale is a class 2 felony that can result in a sentence ranging from 5 years to 12.5 years in prison for a defendant with no prior felony convictions.
One historical felony: A defendant with one prior felony conviction who is convicted of possession of narcotic drugs for sale may face a sentence ranging from 7 years to 23.25 years in prison.
Two or more historical felonies: A defendant with two or more prior felony convictions who is convicted of possession of narcotic drugs for sale may face a sentence ranging from 10.5 years to 35 years in prison.
Defending Against Drug Possession for Sale Charges
- Lack of intent to sell: The prosecution must prove that you had the intent to sell the drugs in order to convict you of possession of drugs for sale. If you can demonstrate that you did not have the intent to sell the drugs, you may be able to avoid a conviction.
- Unlawful search and seizure: If the police obtained the drugs through an illegal search or seizure, the evidence may be suppressed, and the charges against you may be dropped.
- Lack of knowledge: If you were unaware that you had possession of drugs, or if you did not know that the drugs were illegal, you may have a defense to the charge.
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
If you or a loved one is facing possession of possession of drugs for sale charges in Arizona, it’s essential to seek the guidance of an experienced criminal defense attorney as soon as possible. At Tamou Law Group PLLC, we understand the serious nature of possession of drugs for sale and are committed to providing our clients with the knowledgeable and aggressive representation they need to protect their rights and freedoms. We serve clients throughout Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Contact us today at 623-321-4699 to schedule a consultation and learn more about how we can help with your possession of possession of drugs for sale case.