Arizona's drug laws are some of the toughest across the United States.
Consequently, drug sentencing can become extremely confusing because of the intricate nature of charges faced for drug crimes. For instance, if arrested with drug possession and paraphernalia, you'll face separate charges for both products.
Furthermore, a judge will consider any previous offenses when establishing your sentencing. That's why you need a seasoned drug crime lawyer to help you navigate your choices if you face drug crime charges.
Here's a brief look at Arizona's drug laws.
Although Arizona's drug laws might be complex, drug classification is fairly simple.
Arizona classifies drugs into three types: Dangerous Drugs, Marijuana, and Narcotic Drugs. In a typical drug conviction, the judge considers various sentencing factors such as the type of drug, drug crime, and previous drug convictions.
The drug classification is as follows:
The most common dangerous drugs include Xanax, Klonopin, and Valium. Other dangerous drugs include methamphetamines and steroids taken without a legitimate prescription. In total, 332 drugs are listed in the Revised Statutes, so the list isn't exhaustive. Dangerous drugs are those deemed particularly harmful by the legislature if consumed without a prescription.
According to Arizona law, the use or possession of dangerous drugs falls under Class 4 felony. The law defines a ‘dangerous drug’ as any form of narcotic that isn't marijuana. This comprises possession of methamphetamine, cocaine, anabolic steroids, amphetamines, hallucinogenic drugs, and particular prescription medications.
If apprehended for a first-time crime and the drug isn't an amphetamine or meth, the charges can decrease to a Class 1 misdemeanor.
A wide range of drug charges and illegal drugs exist in Arizona. Some fall under felonies while others misdemeanor charges. Some face charges along with other drugs, criminal charges, or DUI.
Arizona's law prohibits a broad range of criminal offenses associated with dangerous drugs, including the acquisition, possession, administration, transportation, or sale of dangerous drugs. These crimes fall under felonies and could potentially lead to a prolonged prison sentence, expensive fines, and other legal penalties.
The breakdown is as follows:
For example, if you face a conviction for possessing methamphetamine for sale, possessing meth-manufacturing equipment, or transporting meth, you'll face a 5-year imprisonment minimum in state prison with a maximum sentence of 15 years - irrespective of the quantity in your possession.
Clearly, allegations of possessing dangerous drugs are serious and can lead to major consequences, so you require a qualified lawyer on your side.
Generally, the proof stacked against you during sentencing depends on the specific drug crime that a person is charged with.
For example, when you face charges of possessing a narcotic, the government must prove beyond a reasonable doubt:
In the last constituent, the prosecutor will have the burden of demonstrating the substance comprises the forbidden narcotic, and this involves the need for lab testimony and testing.
In the last constituent, the prosecutor will have the burden of demonstrating the substance comprises the forbidden narcotic, and this involves the need for lab testimony and testing.
You must recognize Arizona's sentencing laws if you're facing charges. A conviction could lead to serious penalties, which differ based on the charge and the drugs involved. If you're a nonviolent offender, the sentence will probably be lighter and will most probably entail probation terms as well as compulsory drug treatment.
The violation of probation, however, could lead to incarceration. If your crime entails a narcotic, for instance, cocaine, you could face a class 4 felony if it's a first-time offense. Nonetheless, it's possible to have the charges decreased to a class 1 misdemeanor.
Beware that you might face a fine surpassing $2,000 or it could be thrice the substance value. You could even face a 1-year jail term. Furthermore, the incarceration period could be considerably higher if prior convictions exist.
Nevertheless, a committed drug crime attorney can help you evaluate options for bargaining a plea deal or other tactics to secure a lighter sentence.
Facing charges doesn't imply a conviction, neither does it imply you're guilty. You're deemed guilty if you take a plea deal and admit your guilt, or if a jury considers you guilty beyond a reasonable doubt.
One of the most significant reasons to engage attorney services is for a customized defense tactic based on your circumstances and case.
The appropriate strategy could protect you against the full force of Arizona's justice system. Instead of obtaining the maximum conviction penalties, your attorney might succeed in securing a decreased sentence or lighter plea deal. These defenses are possible:
Lack of knowledge: You could claim ignorance of the substance's illegal nature.
No evidence: The prosecution might lack sufficient evidence against you to prove you guilty beyond reasonable doubt of the crime in question.
No evidence: The existence of a valid drug prescription could clear the charges.
Ensure you maintain honesty with your defense attorney who's there to help not incriminate you. Without pertinent and sufficient information, your attorney might be unable to develop a strong defense strategy.
If the other side knows something your attorney doesn't, this could damage your case. Your attorney will ask you numerous key questions at the initial stages of the case. You want to make sure you're completely honest to allow your lawyer to prepare your case properly.
Like other attorneys, a criminal lawyer must possess some essential qualities, namely:
A criminal lawyer should possess great communication skills that extend to written communication. A proficient attorney should recognize how to communicate with the jury members, judge, the prosecution, and eyewitnesses. Make sure you read the lawyer's reviews online to establish his or her communication skills.
Perhaps this characteristic is the most significant when looking for a criminal defense lawyer. An experienced attorney has dealt with numerous similar cases. Therefore, they know their work and recognize the strategies to adopt in your case. If you hire a lawyer who's worked on a similar case, you'll have the upper hand.
The best attorney is one whose ideals are aligned with yours. When selecting a lawyer, conduct interviews with 3-4 lawyers so you can find out about their services. Inquire about how they would handle a case like yours and establish their philosophy throughout a trial. Conducting an interview will give you a better clue of your choices and understand their values.
In summary, Arizona’s drug laws are nothing if well-defined and highly restrictive - the state government takes a serious, highly punitive stance towards drug use, possession, and especially sale.
Through this article, we hope that you’ve developed a better understanding of Arizona’s drug laws, and why proper legal representation is important in the state.