Phoenix Drug Possession Lawyer

Understanding Drug Possession Charges in Arizona

It is illegal in the state of Arizona to be in the 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 intention to sell, a conviction can result in a number of harsh punishments.

Drug Laws in Arizona

The state of Arizona holds a tough stance in regards 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, 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.

Will I Go to Jail for a Possession Charge?

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". It is crucial that you get legal assistance from a Phoenix drug possession lawyer if you are facing such charges, in order to fight to avoid jail time.

What are Dangerous Drugs?

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 amount of drug, type of drug and prior offenses.

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 out 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 attorney 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 case, it is a snapshot of their ability to pursue your best interests in the courtroom.