While breaking out of prison is an extremely difficult task, smuggling contraband into a prison is not so difficult. In an effort to reduce the amount of contraband making its way into Arizona prisons, the Arizona legislature passed laws such as A.R.S. 13-2505.
A.R.S. 13-2505 was enacted to prevent the promotion of prison contraband by legally defining goods and items that are illegal to smuggle into prison as well as are illegal for inmates to possess. By creating a legal definition and list of goods that are illegal to bring into a prison, law enforcement agents are better able to reduce the influx of contraband into prisons.
If you have been arrested for promoting prison contraband, contact Jackson White Law today to schedule an appointment with an experienced criminal defense attorney.
What Does Promoting Prison Contraband Mean?
Promoting prison contraband refers to any action that involves illegally bringing prohibited items into a prison facility with the aim of giving or possessing them as inmates. Arizona law specifies which items may constitute contraband such as drugs, weapons, cell phones and any items which pose a threat to safety and security in prison environments.
If you are caught promoting prison contraband, you could face serious criminal charges including class 5 felonies. Convictions for this act could mean significant fines and jail terms of multiple years; to protect your rights and ensure the best possible result in your case it is important that a skilled criminal defense lawyer be retained immediately to represent you in this matter.
What is Considered to be Prison Contraband in Arizona?
There are many items considered to be prison contraband in Arizona. The following are the most common forms of contraband:
- Dangerous Drugs
- Dangerous Instruments
- Cell Phones
- Portable Gaming Devices
- Multimedia Storage Devices
In addition to the items listed above, an item is also considered to be contraband if its use or possession would endanger the safety, security, or preservation of the order of the correctional facility. If you have been charged with promoting prison contraband and believe that the item in question was not contraband, contact Jackson White Law to schedule a free case review.
Penalties for Promoting Prison Contraband
The penalty for promoting prison contraband is either a Class 2 Felony or a Class 5 Felony depending on the type of contraband.
Class 2 Felony Contraband
- A dangerous instrument
- A deadly weapon
- A dangerous drug
- A narcotic
- An explosive device
Class 5 Felony Contraband
- Cell phones
- Portable gaming devices
- Multimedia storage devices
It should also be noted that A.R.S. 13-2505 requires individuals to report a violation of this crime to the proper authorities or the prison management. If an individual fails to report a violation of this crime they can be charged with a class five felony.
The standard prison sentence for a class 5 felony is from 9 months up to 2 years. The presumptive prison sentence is roughly a year and a half.
Unknowingly Promoting Prison Contraband
A.R.S. 13-3205 continuously references “knowingly” promoting contraband, however, the Arizona Supreme court has also ruled that not knowing an item is contraband and being in possession of the said item is illegal. This means that even if you didn’t know that an item was considered to be contraband if you are found to be in possession of contraband in a correctional facility, you will be charged.
Due to the Arizona Supreme Court’s findings, claiming ignorance or mistake of law are not valid defenses for your case. Instead, your attorney will need to formulate other ideas to dispute your charges.
If you have been charged with promoting prison contraband, you are facing either a class two or class five felony. Both classes of felonies come with mandatory prison sentences and a lifetime of consequences to deal with.
You need to fight your charges and the best way to do so is with the help of the experienced criminal defense team at Jackson White Law.
Call the JacksonWhite Criminal Law team at (480) 418-4281 to discuss your case today