Phoenix Drug Possession Lawyer

Understanding Drug Possession Charges in Arizona

It is illegal in the state of Arizona to be in possession of a controlled substance or illicit substance. No matter whether your charges involve possession of drugs for personal use or if you were allegedly in possession with the intention to sell, a conviction can result in a number of harsh punishments.

What are Drug Laws in Arizona?

The state of Arizona holds a tough stance in regard to criminal charges relating to drug possession. Not all possession, however, is viewed equally. The drug that you are found in possession of, the amount, and the location of the possession will all affect the overall penalties that are imposed.

In order to be convicted of this offense, the prosecution must prove beyond a reasonable doubt that you were either in actual, constructive, or joint possession of the illicit substance. The prosecution will also have to prove that you knew that you had the drugs and that you also knew of their illegal nature.

Actual possession is the simplest version of possession; simply put, actual possession means that you were carrying the drug with you. The drug could be in your pocket, in your purse, or even hidden in a body cavity. Constructive possession enters a more grey area of the law as it refers to being in unlawful possession of a controlled substance, but not directly on your person.

Constructive possession involves possession of drugs in an area in which you exercise control—for example, in your room or even in your car. The last type of possession is that of joint possession; this means that you share illicit drugs with someone else and are either in actual or constructive possession.

Arizona's legal framework is particularly stringent due to the state's aim to combat the widespread issue of drug misuse and trafficking. This includes mandatory minimums and enhancements based on prior convictions or involvement with minors. Being well-informed about these laws is crucial for anyone facing charges.

How Long Do You Go to Jail for Drug Possession in Arizona?

When arrested and charged with possession of drugs in Phoenix, it is possible that with a conviction you could spend time in jail, depending on the type of drug, whether minors are involved, and the number of previous convictions on your record. 

The laws are very strict regarding drug possession in Arizona, particularly on drugs such as heroin, cocaine, or other "hard drugs". Even simple possession may be charged as a felony. Felony possession charges can result in longer jail or prison sentences, often ranging from 6 months to several years, depending on the amount involved.

It is crucial that you get legal assistance from a Phoenix drug possession attorney if you are facing such charges, in order to fight to avoid jail time. Besides imprisonment, the consequences of a conviction can extend beyond the courtroom. These can include challenges in securing employment, housing, or educational opportunities due to having a felony on record.

What are Dangerous Drugs in Arizona?

Drug possession charges pertain to three different classifications of drugs in the state of Arizona: dangerous drugs, narcotic drugs, and marijuana. Possession of a "dangerous drug" is considered to be a class 4 felony or a class 1 misdemeanor in the state of Arizona, and this crime is punishable with up to 6 months in jail and fines up to $2,500.

If you are found in possession of any narcotic drugs such as cocaine, heroin, opium, morphine, or oxycodone, your penalties will be far more severe. A narcotic possession conviction is typically a class 4 felony and is punishable for up to 18 months in prison according to the Arizona Revised Statutes §13-3408. Possession of marijuana in Arizona is typically considered a class 6 felony offense if the possession was for personal use.

A person arrested for drug possession without any prior convictions may be able to avoid imprisonment and fines and be placed on probation instead. Possible penalties differ from case to case, dependent on factors such as the amount of drug, type of drug, and prior offenses.

Additionally, there are opportunities for first-time offenders to enter into diversion programs designed to educate and rehabilitate rather than incarcerate. These programs can often lead to charges being reduced or even dismissed upon successful completion, offering a second chance to avoid a lasting criminal record.

For the most accurate evaluation of your drug crime, get in touch with a knowledgeable Phoenix drug possession attorney from our firm to discuss your defense options before it is too late.

Superior Representation: Knowles Law Firm, PLC

No matter how serious your drug crime charges may seem, the truth is that you are not without hope. There are legal defenses that can be utilized on your behalf to help prove your innocence and to escape and challenge the possibility of a conviction. For example, if you have a legitimate prescription for the drug that you were arrested for, then you are legally in possession of them, and your charges will be dismissed.

Dealing with the possibility of a conviction is not to be taken lightly. If you have been criminally charged with possession, it is wise to seek the legal assistance of a Phoenix drug possession lawyer from Knowles Law Firm, PLC as soon as possible. 

Over the years, the firm has been successful in handling criminal cases of all kinds, simple or severe. While this past success is not a promise or a guarantee that they will be successful in your situation, it is a snapshot of their ability to pursue your best interests in the courtroom.

FAQs About Drug Possession in Phoenix

How Can a Phoenix Drug Possession Attorney Help Me?

A Phoenix drug possession attorney plays a crucial role in providing legal assistance if you've been charged with a drug-related offense. By understanding the intricacies of Arizona’s drug laws, an attorney can craft a defense strategy that addresses the specifics of your situation. Whether contesting the legality of a search, questioning the chain of evidence, or negotiating a plea deal, a seasoned attorney aims to minimize potential penalties and protect your rights.

What Should I Do If I’m Arrested for Drug Possession in Phoenix?

If you’re arrested for drug possession, it’s important to remain calm and exercise your right to remain silent. Avoid volunteering information that may be used against you and request legal representation immediately. A Phoenix drug possession lawyer can assist you by reviewing your situation, advising you on your rights, and formulating a defense strategy promptly.

What Are the Long-Term Consequences of a Drug Possession Conviction?

A drug possession conviction can have serious long-term consequences beyond the immediate penalties imposed by the court. These consequences can include difficulties in obtaining employment, limitations on housing options, and the ineligibility for certain professional licenses. Addressing these potential outcomes proactively with legal guidance can be crucial in minimizing their impact.

Can I Get My Drug Possession Charges Dropped?

In certain situations, drug possession charges can be dismissed or reduced, especially for first-time offenders or those found in possession of small amounts of drugs. Factors such as evidentiary weaknesses, procedural errors, or successful participation in diversion programs could influence the charges. Discussion with a skilled attorney is essential to explore these possibilities.

How Does Arizona Law Treat Drug Possession Differently from Other States?

Arizona law is particularly strict concerning drug possession, often imposing harsher penalties compared to other states. It entails mandatory minimum sentencing and intensifies penalties based on the specific circumstances of the offense. Unlike some states that have decriminalized certain substances, Arizona holds firm in its classification of drugs, necessitating knowledgeable legal counsel for navigation through any drug possession charges.