Phoenix Drug Possession Lawyers
Possession Laws in the Arizona Revised Statutes
In the United States, it is illegal for a person to carry illegal substances on their person or to keep it in any location for personal use, and each state has its own legislature regarding this crime and how it should be penalized. Possession laws and penalties for the state of Arizona are listed in sections § 13-3402 and § 13-3403 of the Arizona Revised Statutes, as well as sections § 13-3404.01 through § 13-3411, respectively.
At MayesTelles, we understand that people make mistakes, and often, people are wrongfully accused. Whatever the circumstances, you are entitled to due process under the law – you are innocent until proven guilty. If you or a loved one has been charged with drug possession, contact our Phoenix drug possession attorneys today. We are available at any time to review your case and inform you of your rights.
Actual vs. Constructive Drug Possession
Two forms of drug possession are usually recognized: actual and constructive possession. Actual possession generally refers to drugs found in the defendant’s immediate possession or on their person. Constructive possession generally refers to drugs found in areas where the person has domain or control over.
The police will generally charge an individual if:
- They knew about the drugs
- They should have known about the drugs
- They owned the drugs
There are generally two forms of charges, one for simple possession and another for possession with the intent to distribute. The former is when there is a small quantity of the drug, while the latter involves a large amount. The second possession is heavily punished because there is a presumption of an intent to sell.
Penalties for Drug Possession in Arizona
Drug possession laws in the state of Arizona are strict. Drugs are split up into different classifications and the penalties vary accordingly. There are six different groups, including:
- Substances that emit toxic vapors
- Prescription drugs
- Dangerous drugs
- Narcotic drugs
The penalties vary between felonies and misdemeanors.
Possession of Marijuana
Under A.R.S. § 13-3405, the penalties for possession of marijuana include:
- Less than two pounds: Class 6 felony
- More than two but less than four pounds: Class 5 felony
- More than four pounds: Class 4 felony
Possession of Prescription & Narcotic Drugs
Regarding the possession of prescription drugs, § 13-3406 states that illegal acquisition or possession of a prescription drug is a Class 1 misdemeanor. Section 13-3407 states that the possession of dangerous drugs is a Class 4 felony, and § 13-3408 states that possession of narcotic drugs is a Class 4 felony, as well.
In the state of Arizona, Class 1 misdemeanors are punishable by up to six months' imprisonment, while Class 4 felonies are punishable by a sentence of one to three years for a first offense, and six to 12 years for subsequent felony offenses.
Can You Go To Jail For Drug Possession?
There is a possibility that a person facing drug possession charges could spend some time in jail. Jail time depends on the type of drug you are found in possession of and how much. Also, if you have previous drug crime convictions on your record, jail time may be ordered. In order to avoid jail time, it is imperative that you team up with a drug possession attorney in Phoenix who can help you defend against your charges.
Understanding Your Defense Options
Facing a drug possession charge? There are several defense strategies that a Phoenix drug possession lawyer from MayesTelles PLLC could employ on your behalf. First of all, drug possession charges can only succeed if it can be proven beyond a reasonable doubt that the drugs were indeed in your possession.
If it cannot be proven that they were yours, the prosecution has no grounds for argument. Also, it must be proven that the drugs in question were illegal. In some marijuana possession cases, an attorney could argue for a reduction or dismissal of charges if the defendant is registered for the use of medical marijuana.
Call MayesTelles 24/7 for a Free Consultation
With valuable experience in trial cases and prosecution, our two main attorneys could provide your case with thorough defense from every possible angle. We know the emotional stress that you are experiencing during this difficult time, and our firm is ready to fight your charges while supporting you every step of the way. We also seek to remain affordable by accepting credit cards and offering flexible payment plans.