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Drug Trafficking and Dealing Charges in Phoenix: Laws and Sentencing
|Last Updated on: 5th October 2023, 07:53 am
Drug Trafficking and Dealing Charges in Phoenix: Laws and Sentencing
Getting charged with drug trafficking or dealing in Phoenix can be scary. The laws here are harsh, and the consequences can completely change your life. But having an empathetic understanding of the law can help you make sense of it all. This article will walk you through the key things to know if you or a loved one are facing drug charges in Phoenix.
The Basics of Arizona Drug Laws
Arizona divides controlled substances into 6 categories:
- Narcotic drugs
- Substances that give off toxic vapors
- Peyote
- Marijuana
- Prescription drugs
- Dangerous drugs
To convict you of a drug crime, the prosecution needs to prove certain elements depending on the specific charge. For example, with a narcotics possession charge, they’d have to show beyond a reasonable doubt:
- You knowingly possessed a narcotic drug
- The substance was in fact a narcotic drug
It’s crucial to understand the Arizona drug sentencing laws for your specific charges. Penalties vary a lot based on the type and amount of drugs, your criminal history, and other factors. Let’s break it down.
Penalties for Drug Possession
Simple possession charges can lead to:
- Possess/use a narcotic drug: Class 4 felony, up to 2.5 years in prison and/or at least $750 fine
- Possess narcotics for sale: Class 2 felony, up to 5 years in prison and/or at least $750 fine
- Possess dangerous drugs: Class 4 felony, up to 2.5 years in prison and/or at least $750 fine
- Possess dangerous drugs for sale: Class 2 felony, up to 5 years in prison and/or at least $750 fine
- Possess marijuana: Class 6 felony, up to 1.5 years in prison and/or at least $750 fine
- Possess marijuana for sale: Class 3 felony, up to 3.75 years in prison and/or at least $750 fine
As you can see, the penalties jump dramatically when intent to sell or distribute is involved. Many factors influence the actual sentence, which is why having an experienced Phoenix defense attorney is so important.
Penalties for Drug Trafficking and Dealing
Drug trafficking, distribution, transportation, and sale charges are all considered more serious than simple possession. They bring harsher punishments, especially for repeat offenders. Some examples of potential sentences:
- Transport narcotic drugs for sale (first offense): Class 2 felony, minimum 5 years in prison
- Sell or transfer narcotic drugs (second offense): Class 2 felony, minimum 10 years in prison
- Transport dangerous drugs for sale (first offense): Class 2 felony, presumptive 5 years in prison
- Sell or transfer dangerous drugs (third offense): Class 2 felony, minimum 15 years in prison
As you can see, someone with multiple prior felonies could end up facing decades behind bars. Even first-time offenders often get years in prison. The stakes are extremely high.
Defenses Against Drug Charges
The good news is that experienced Phoenix drug crime lawyers know how to fight these charges. Some potential defenses include:
- You didn’t actually possess the drugs
- The drugs were not yours
- You had a valid prescription for the drugs
- The police violated your rights in their investigation
- The forensic testing was flawed
An aggressive defense attorney will examine every aspect of your case to find weaknesses in the prosecution’s arguments. Often charges get reduced or even dismissed once all the evidence comes to light.
Alternatives to Incarceration
For nonviolent offenders, especially those with little or no criminal history, alternatives to prison may be possible. These include:
- Probation – Often involves mandatory drug treatment, community service, fines, etc.
- Deferred prosecution – Charges dismissed after completing probation and other requirements
- Drug court – Supervised treatment and rehabilitation program
- Reduced charges – Prosecutors sometimes lower charges to avoid trial
An experienced criminal defense lawyer negotiates constantly with prosecutors, pushing for alternatives to jail time whenever possible. While no guarantees exist, all options are on the table.
Take Your Charges Seriously
At the end of the day, drug crimes are treated harshly in Phoenix. Trafficking and dealing charges especially can ruin lives. Don’t take chances – get an attorney on your side immediately. An arrest is when you need help the most.
With an aggressive defense focused on your rights and freedom, the outcome may not be as bleak as it first seems. Don’t lose hope. Fight back – and let justice prevail.
References
Drug Possession with Intent to Sell
Phoenix Drug Trafficking Lawyer