Phoenix Drug Crimes Lawyer

Drug crimes fall under ARS § 13-3408, the statute that defines them; the law outlines possession, possession for sale, possession of equipment or chemicals to make drugs, administering drugs to someone else, manufacturing, and transportation or importation into Arizona.

Each category of drug offense carries its own set of potential consequences, generally based on the type and quantity of drugs involved, your criminal history, and the circumstances under which the offense occurred. 

What Is Possession?

Possession means not only having the drugs found on your person, such as in your pocket or a backpack, but it can extend to your “control” over drugs. For example, possession can include having drugs in the glove box or trunk of your vehicle. It can consist of joint possession, such as drugs found in a shared apartment, implicating all parties, even if one claims no direct knowledge of the drugs. 

Beyond simple possession, if you are found with large quantities of drugs or if other indicators, such as scales, baggies, or sizable amounts of cash, are present, you can be charged with intent to sell, which carries heavier penalties. 

Drug Classifications in Arizona

Arizona law classifies drugs into several categories, each with its own set of regulations and penalties. 

These classifications include:

• Narcotic drugs: This category includes opiates and opium derivatives, among others. Convictions involving narcotic drugs often lead to severe penalties.
• Dangerous drugs: These typically include hallucinogens and a wide range of synthetic substances. Methamphetamine, LSD, and Ecstasy are examples of dangerous drugs under Arizona law.
• Marijuana: Despite changes in marijuana laws across the United States, Arizona maintains specific statutes governing the possession, use, and distribution of marijuana. Possession of more than one ounce can lead to a petty offense or a felony, depending on the quantity. Sale and cultivation of specific amounts are also charged as felonies.
• Prescription drugs: Unauthorized possession or distribution of prescription medication, including opioids and sedatives, falls under this classification and carries significant penalties.

Drug Crime Penalties

Per Arizona’s drug law, penalties can range from a Class 4 felony to a Class 2 felony. Sentences can range from probation and mandatory drug treatment programs for lesser offenses to lengthy prison terms for more serious charges such as trafficking. 

For example, a Class 4 felony generally carries up to three years and nine months of prison time, Class 3 felonies up to eight years and nine months, and Class 2 felonies up to 12 years and six months. These are penalties for first offenses. Repeat offenses carry harsher sentences. 

Additionally, Arizona operates under a "threshold" amount system, where possessing an amount of drugs over a specific limit can elevate the offense to a presumption of intent to sell, dramatically increasing the severity of potential sentences.

Secure an Aggressive Defense with Help From Ryan Garvey Attorneys, PLC

Attorney Garvey recognizes the complexities and challenges faced by individuals accused of drug crimes. With his extensive knowledge of Arizona's drug laws and a deep commitment to defending our clients, he can provide comprehensive legal representation. 

Whether it's negotiating for lesser sentences, advocating for treatment over incarceration, or rigorously defending your case in court, our Phoenix drug crime attorney is equipped to support and guide you throughout the legal process toward the best possible result. 

Learn your options and how we can help you fight against drug crime penalties by contacting us online or at (602) 353-7328.