Dealing with charges related to narcotic drug possession in Arizona can be an overwhelming and intricate ordeal. The experienced team of criminal defense attorneys at Tamou Law Group PLLC is here to assist you in comprehending the legal system and safeguarding your rights. In this guide, we will outline the essentials of Arizona’s narcotic drug statutes, elaborate on sentencing guidelines, and explore potential defenses.
Narcotic Drug Charges In Arizona
Narcotic Drug Statutes In Arizona
Arizona’s Laws on Narcotic Drugs (A.R.S. §13-3408)
Arizona’s laws on narcotic drug possession are defined under Arizona Revised Statutes (A.R.S.) §13-3408. This statute states that an individual may be charged with narcotic drug possession if they knowingly possess, use, administer, acquire, sell, manufacture, or transport any narcotic drug. Narcotic drugs encompass substances like heroin, cocaine, oxycodone, and other opioids, among others.
Potential Consequences
A Possession or use of a Narcotic Drug 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 Arizona has a specific provision for first-time drug offenders called Proposition 200, which requires probation and drug treatment rather than prison time for certain non-violent drug offenses. Call Now to learn whether you qualify for Proposition 200!
Sentencing Guidelines for Narcotic Drug Offenses in Arizona
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Sentencing Guidelines for Possession or Use of Narcotic Drugs in Arizona: In Arizona, possession of narcotic drugs for personal use is generally classified as a Class 4 felony. The penalties for a Class 4 felony vary depending on the defendant’s criminal history:
First-Time Offenders
- Minimum sentence: 1 year
- Presumptive sentence: 2.5 years
- Maximum sentence: 3.75 years
Offenders With 1 Historical Prior
- Minimum sentence: 2.25 years
- Presumptive sentence: 5 years
- Maximum sentence: 7.5 years
Offenders With 2+ Historical Priors
- Minimum sentence: 6 years
- Presumptive sentence: 10 years
- Maximum sentence: 12 years
Defending Against Possession or Use of Narcotic Drugs
- Absence of knowledge: If you were unaware that you were in possession of a narcotic drug, this may serve as a valid defense against the charges.
- Unlawful search or seizure: If evidence was obtained against you through an illegal 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 narcotic drug, our attorneys will strive to contest the evidence and push 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 possession of narcotic drug 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 narcotic drug 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 narcotic drug case.