New River Drug Crime Attorney
The state’s drug laws are a complex group of statutes. Of course, the mere possession of an illegal substance is a violation of the law. However, depending upon the type of drug, the amount, and even the defendant’s alleged state of mind, penalties vary drastically.
A New River drug lawyer at Grand Canyon Law Group is dedicated to defending the rights and liberties of the accused in criminal court. If you are facing any substance-related allegation, call a seasoned attorney at our firm to give yourself the best chances of a positive outcome.
The illegal drug trade has been a law enforcement priority for decades. Arizona law inflicts harsh penalties on possession, sale, distribution, and production of illegal substances.
The various types of drug charges in New River range from simple possession for personal use to trafficking or manufacturing. Penalties could range from a relatively modest fine and probation to many years in prison.
For a free legal consultation with a drug crime lawyer serving New River, call 480-400-5555
MULTIPLE FACTORS DETERMINE THE SEVERITY OF THE CHARGE
Arizona has a complex method for categorizing and punishing drug crimes. The identity of the substance, the quantity, and even the location all have an impact on the charge. These factors, as well as the defendant’s criminal history, influence the sentencing options. A New River attorney can explain the basis for specific types of drug charges in a case.
Possessing a drug means having it on the body, in a container like a backpack or purse, or in a vehicle or space that the accused has access to and control over. The law describes the amount of each type of drug considered appropriate for personal use. People caught with a quantity of drugs appropriate for their personal use face Class 4 felony charges in most cases. However, possessing more than one ounce but less than two and half ounces of marijuana for personal use is a non-criminal infraction.
Anyone possessing illegal drugs or any amount of marijuana within 100 yards of a school faces a more serious charge and harsher penalties. The entire campus, including sports fields and playgrounds, counts as a school when determining the drug-free zone. The drug-free zone also extends to any public place within 1000 feet of the school property, including bus stops and school buses.
New River Drug Crime Lawyer Near Me 480-400-5555
SOME DRUG OFFENSES ARE ELIGIBLE FOR PROBATION
Most drug-related crimes in this state are felonies, which normally carry prison sentences. However, Arizona Statute § 13-901.01 allows some offenders to avoid incarceration. Anyone convicted of possessing a controlled substance or drug paraphernalia for personal use will receive probation rather than incarceration unless they have:
- Refused drug treatment or probation
- A conviction or indictment for a violent crime
- Two or more prior convictions for drug possession
Offenses involving any quantity of methamphetamine are ineligible for probation.
Probation includes drug education classes and treatment if necessary. Anyone who violates their probation faces detention until a judge resets the probation terms or sentences the offender to jail or prison. A drug lawyer in New River may try to enroll an accused person with substance use disorder in a diversion program. Completing a diversion program focusing on drug treatment and life skills could lead to a reduced or dismissed charge.
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LARGER QUANTITIES CAN LEAD TO DRUG SALE CHARGES
The law describes threshold amounts of various drugs that it treats as quantities appropriate for personal use. Possessing larger quantities allows for the legal assumption that the drugs are intended for sale. This offense is called possession with intent to distribute. If the accused allegedly transported the drugs, the offense is drug trafficking.
A prosecutor can bring charges for intent to distribute or trafficking even when there is no other evidence an accused intended to sell the drugs. The prosecution only requires evidence the quantity of drugs exceeded the threshold for personal use. A New River attorney could rebut this type of drug charge with evidence the drugs were for the defendant’s personal use.
Possession with intent to distribute, trafficking, manufacturing dangerous drugs, and possessing the materials to make methamphetamine are Class 2 felonies. The presumptive sentence is five years in prison, but the sentence could range from three years to 12 years and six months. Possessing the materials necessary to make other illegal drugs is a Class 3 felony with a presumptive sentence of three and half years and a range of 1.8 years to 8.7 years.
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TYPES OF DRUG CHARGES IN NEW RIVER
There are varying degrees of penalties for the various types of drug crimes, ranging from misdemeanors to felonies. As such, a conviction can mean anywhere from months to years spent in prison, in addition to serious financial penalties. When someone with prior convictions on their record is convicted of a drug offense, they could face substantially harsher penalties than a first-time offender.
Drug charges can arise from the use, possession, manufacture, sale, or distribution of a wide range of substances, including dangerous drugs like narcotics and even prescription drugs without a valid doctor’s note. Our seasoned local attorneys often defend against penalties for the following common drug charges:
- Possessing or using a narcotic drug
- Possessing equipment or chemicals to manufacture a narcotic drug
- Administering a narcotic drug to someone else
- Possessing a prescription drug for sale
- Manufacturing or distributing a misbranded drug
You can be charged with various drug offenses in Arizona, each requiring an aggressive and zealous defense. When you face these charges, a knowledgeable attorney could help you better understand the potential ramifications of a conviction and determine the most effective course of action for your case.
Depending on the type of drug, quantity, alleged actions involved, and other factors, the penalties attached to a conviction could be harsh. Discuss the potential New River drug penalties with the legal team at Grand Canyon Law Group. We will explore every avenue for reducing or defeating the charges against you to prevent jail time, fines, and other consequences.
EVALUATING THE PENALTIES FOR DRUG CRIMES
Our New River lawyers can help someone understand the prospective penalties attached to a specific drug charge. These penalties vary depending on the substance and amount involved; the alleged intent of the accused to possess, make, or sell that substance; the accused’s criminal history; and any other factors the judge deems relevant.
For example, possessing a narcotic drug is a Class 4 felony. This could mean anywhere from 12 months to 3.75 years in jail if convicted. Manufacturing a narcotic drug is a Class 2 felony, which could lead to three to 12.5 years of imprisonment upon conviction, plus fines. Possessing a prescription drug for sale is a Class 6 felony, which could lead to up to two years upon conviction. As a New River attorney can explain, these drug penalty ranges are for first-time convictions; higher sentences apply for repeat offenders.
HOW DO CRIMINAL COURTS IN NEW RIVER HANDLE DRUG CASES?
Most people facing accusations of drug crimes in New River face charges related to the possession of these substances. Under Arizona Revised Statute § 13-3407, possessing even a small amount of most illegal drugs is a class 4 felony. This includes street drugs and prescription medications when a person does not have a doctor’s note.
However, state rules require a court to sentence a person with a first or second drug possession conviction to probation. This allows defendants to receive the treatment they need as a substitute for jail time. Even so, this will still create a criminal record. Our seasoned local attorneys could review a defendant’s options and help determine an appropriate strategy for dealing with drug possession charges.
SALE OF CONTROLLED SUBSTANCES
Any allegation that a person is selling drugs is a much more severe charge. The criminal sale of a controlled substance under AZ Rev. Stat. § 13-3407 is always a felony offense. Even a first offense with mitigating circumstances will result in a prison sentence of three years. Aggravating factors lengthen the sentence to up to 12.5 years. Regardless of the specific drug charges, help from a nearby drug attorney could make all the difference in the outcome of the case.
DEFENDING PEOPLE AGAINST DRUG ALLEGATIONS IN COURT
As in all criminal cases, the burden is on the prosecutor to prove the defendant’s guilt beyond a reasonable doubt. This means they need to prove that the defendant possessed the substance in question and that the substance is illegal.
Proving that a substance is an illegal drug is a scientific process that requires laboratory work and expert testimony. A prosecutor cannot hold up a bag of cocaine at a trial and tell the jury that it is an illegal drug. As a result, a trial may involve the testimony of a laboratory worker who speaks about the scientific methods used to identify the alleged drugs. These experts are open to cross-examination concerning the methods used and their expertise.
Another area where a savvy attorney could discredit the prosecution’s case concerns the methods the police used to seize the alleged drugs. All people have the right to be protected against random illegal searches in public and the right to privacy in their homes. A New River lawyer at our firm can closely examine the police work in a drug case and file motions to protect the defendant’s rights in court.
CONTACT A NEW RIVER DRUG ATTORNEY TO FIGHT FOR YOU
Even if you are charged with a drug crime, you still have options for fighting the allegations and protecting your future. An attorney could help you explore all available defenses for reducing or avoiding New River drug penalties.
No matter your circumstances, Grand Canyon Law Group will ensure you have a relentless legal advocate fighting for your best interests. We believe you have a way of life worth saving.
Facing a drug charge in court can be an intimidating experience. For many people, this is their first experience with the criminal justice system. Others hope to avoid the label of a repeat offender and a felony charge on their record. No matter your goals, a New River drug lawyer can provide essential help.
At Grand Canyon Law Group, we work with clients to identify the facts in their case, formulate an effective defense, and stand up for their rights in court. Contact us today to get started.
Call or text 480-400-5555 or complete a Free Case Evaluation form