Confronting Possession of drug paraphernalia charges in Arizona can be a challenging and intricate experience. The knowledgeable team of criminal defense attorneys at Tamou Law Group PLLC is here to help you navigate the legal system and safeguard your rights. In this guide, we will delve into the essentials of Arizona’s drug paraphernalia statutes, outline the sentencing guidelines, and examine potential defenses.
Possession of Drug Paraphernalia Charges In Arizona
Drug Paraphernalia Statutes In Arizona
Arizona’s Laws on Drug Paraphernalia (A.R.S. §13-3415):
Drug paraphernalia possession in Arizona is governed by Arizona Revised Statutes (A.R.S.) §13-3415. According to this statute, an individual may be charged with possession of drug paraphernalia if they knowingly possess, use, or intend to use any object for the purpose of unlawfully planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing a drug into the human body.
Potential Consequences
A Drug Paraphernalia Possession 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.
Proposition 200 Opportunities
It’s important to note that first-time drug offenders charged with drug paraphernalia possession might be eligible for probation and drug treatment under Arizona’s Proposition 200.
Sentencing Guidelines for Drug Paraphernalia Possession in Arizona
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In Arizona, drug paraphernalia possession is generally classified as a Class 6 felony. The penalties for a Class 6 felony depend on the defendant’s criminal history:
First-Time Offenders
- Minimum sentence: 4 months
- Presumptive sentence: 1 year
- Maximum sentence: 2 years
Offenders With 1 Historical Prior
- Minimum sentence: 9 months
- Presumptive sentence: 2.25 years
- Maximum sentence: 5.75 years
Offenders With 2+ Historical Priors
- Minimum sentence: 2.25 years
- Presumptive sentence: 5.25 years
- Maximum sentence: 7.5 years
Defending Against Drug Paraphernalia Possession Charges
- Lack of knowledge: If you were unaware that you were in possession of drug paraphernalia, this may serve as a valid defense against the charges.
- Illegal search or seizure: If evidence was obtained against you through an unlawful search or seizure, our attorneys might be able to have the evidence dismissed from your case.
- Insufficient evidence: If the prosecution is unable to prove beyond a reasonable doubt that you knowingly possessed the drug paraphernalia, our attorneys will strive to contest the evidence and advocate for a dismissal or acquittal.
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 Drug Paraphernalia 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 Drug Paraphernalia charges 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 Drug Paraphernalia case.