Understanding Dangerous Drug Violations
In Arizona, possession or use of a dangerous drug is a class 4 felony, as outlined in ARS §13-3407. Although “dangerous drug” may seem subjective, it generally refers to any narcotic or other drug that is not marijuana, which is discussed in ARS §13-3405). This includes methamphetamine, other types of amphetamines, hallucinogenic drugs, prescription medications and other drugs.
If you’ve been arrested for possession of dangerous drugs in Arizona, calling the right attorney should be the first move you make. Our Phoenix dangerous drug possession lawyers at JacksonWhite Law are here to help you build the strongest possible defense so you can avoid the harshest penalties under the law.
What Is a Dangerous Drug?
Under Arizona law, a dangerous drug is any drug listed in ARS 13-3401 in any form. The statute lists over 200 different drugs classified as dangerous. These drugs are classified as dangerous given the negative health effects that they can have on the body and the risks that they pose with any level of use.
Some of the most common dangerous drugs include:
- Methamphetamine, and various other types of amphetamines
- LSD
- Acid
- Mescaline
- PCP
- MMDA
- Anabolic steroids, like testosterone
It’s important to remember that with any dangerous drug, the possession or use of the drug in any of its forms is illegal, including salts, isomers and other chemical compounds. However, a possession charge can also extend beyond simple possession and using these drugs.
Arizona law also prohibits the following acts:
- Possessing dangerous drugs for sale
- Possessing chemicals and supplies used to create drugs
- Manufacturing dangerous drugs
- Administering a dangerous drug to someone else
- Obtaining dangerous drugs by “fraud, deceit, misrepresentation or subterfuge”
- Transporting or transferring dangerous drugs into or within Arizona
Legal Consequences for Possessing Dangerous Drugs
The possession or use of dangerous drugs like LSD, methamphetamine, phencyclidine, or depressants is a class 4 felony and can include penalties like probation, up to a year in jail, or a minimum of a year in prison, depending on the offense. However, the charges depend heavily upon the unique circumstances of your case and the scope of the offenses involved.
Dangerous Drug Possession Charges
Dangerous drug possession offenses can vary between a misdemeanor and a class 2 felony depending on the drug, the amount, and your actions associated with the possession. A dangerous drug possession charge can include all the following penalties:
- Possessing drugs for sale, manufacturing drugs or administering them to another person are all class 2 felonies.
- Transportation or transfer of dangerous drugs is also a class 2 felony.
- Possession of chemicals and supplies to make methamphetamine is also a class 2 felony.
- Possession of chemicals and supplies to make other dangerous drugs is a class 3 felony, as well as procuring the administration of drugs by fraud.
- If the defendant has not had past felony convictions and the dangerous drug was not meth or another type of amphetamine, the crime may be a class 1 misdemeanor.
Associated Consequences
Depending on the level of crime that you were charged with for your dangerous drug possession case, you may face penalties including anything from a fine to time in prison. Dangerous drug convictions can come with the following penalties:
- Class 2 Felony
- Up to 12.5 years in prison for a first-time offense
- Up to 23 years in prison for a second felony offense
- Up to 35 years in prison for a third-time offense
- Class 3 Felony
- Up to 8.75 years in prison for a first-time offense
- Up to 16.25 years in prison for a second felony offense
- Up to 7.5 years in prison for a third felony offense
- Class 4 Felony
- Up to 3.75 years in prison for a first-time offense
- Up to 7.5 years in prison for a second felony offense
- Up to 15 years in prison for a third felony offense
- Probation
- Including a fine of at least $2000 or three times the value of the drugs seized
- Including 360 hours of community service
Those who qualify as first-time offenders under Arizona’s 1996 Proposition 200 may face only probation instead of jail or prison time. First-time offenders may have the option of completing a drug treatment program such as TASC (Treatment Assessment Screening Center), which is a diversion program that focuses on rehabilitation rather than incarceration.
Statutory Thresholds for Dangerous Drug Possession
Possessing any form of dangerous drug in any amount is a crime in Arizona. However, past a certain amount, you may be subject to even harsher penalties. Under ARS 13-3407, the statutory threshold is the quantity of drugs that you can possess before facing enhanced penalties.
Arizona law defines the following statutory thresholds for the different types of dangerous drugs:
- Methamphetamine – 9 grams
- Amphetamine – 9 grams
- Lysergic acid diethylamide (LSD) – 1/2 milliliter
- PCP – 4 grams or 50 milliliters
- Other dangerous drugs – A weight valued more than $1,000
Possessing over the statutory threshold for any of these drugs can significantly increase the penalties you may be facing. In any case, it’s important to consult a skilled dangerous drug possession lawyer to reduce your chances of facing harsh penalties. At JacksonWhite, we offer a free initial consultation to learn more about your case and determine the best possible defense given your circumstances.
How a Drug Possession Lawyer Can Help You with Drug Charges
If you’ve been pinned with drug possession charges, a dangerous drug possession attorney can be a valuable resource in helping you either beat or lessen your charges. Without an experienced attorney by your side, you’re forced to face a skilled prosecution side alone, risking the harshest penalties.
At JacksonWhite Law, we begin every case we take on with a free initial consultation. This consultation gives us the chance to understand the unique details of your case and start strategizing the best path forward against the prosecution given your circumstances.
Some of the ways that our dangerous drug attorneys will support you include:
- Performing a Thorough Case Evaluation – Our team will work to understand all the details of your case, reviewing the evidence against you and finding gaps in the prosecution’s arguments.
- Building a Strong Defense Strategy – Using the evidence and details of your case, we’ll build a defense strategy that maximizes your chances of success.
- Negotiating with Prosecutors – We’ll negotiate with the prosecution to seek a plea deal that warrants a reduction in charges or reduced penalties.
- Representing Clients in Court – Our attorneys will represent you in court, advocating for your rights and presenting your defense argument for the best possible outcome.
- Navigating Legal Complexities – We simplify the process of navigating the legal system for you by offering our guidance and ensuring you understand every next step and why it matters.
Our defense attorneys take every step to minimize your risk of facing harsh charges. We have the legal experience to build a strong strategy that aligns with the unique circumstances of your case. Schedule a consultation with our team to learn more about our process and how we can benefit you.
The Importance of Immediate Legal Action
If you’ve been charged with possession of dangerous drugs, time may be working against you, so it’s crucial that you seek the support of an attorney quickly. Early intervention by a dangerous drug attorney can help you craft a strong defense that can be used to minimize your risks of facing potentially harsh charges.
Immediate legal action offers all the following benefits:
- Defense Strategy – Seeking legal support immediately gives an attorney more time to build you a strategic defense that minimizes your risk of harsh charges.
- Evidence Collection – Quick legal action will increase an attorney’s chances of being able to gather helpful evidence, like eyewitness testimony, in your favor.
- Rights Protection – Consulting an attorney as soon as possible ensures that you have guidance in understanding the legal process and your rights so that you are not taken advantage of.
- Legal Guidance – The legal system can be confusing, seeking an attorney immediately prevents you from going at it alone and experiencing a slip-up that is used against you in the process.
When you consult our team at JacksonWhite Law, we’ll begin working with you right away to craft a defense that decreases your chances of facing harsh penalties. Schedule a free consultation with our team, and we’ll outline your legal options and determine the best next steps based on the circumstances of your case.
Potential Defenses Against Dangerous Drug Possession Charges
Even in the face of harsh drug possession charges, a skilled defense attorney can support you in building a defense to either have your charges lessened or dropped entirely. However, choosing a defense strategy that works relies upon having the support of a skilled and experienced drug possession attorney.
At JacksonWhite Law, we can use some of the following defenses to minimize the chances of facing harsh penalties:
- Lack of Knowledge – The prosecution must prove that a defendant knowingly possessed dangerous drugs and that they knew of their existence, so we may be able to argue for a drop in charges if this was not the case.
- No Possession – A defense attorney can argue that the defendant did not actually possess the drugs or they belonged to someone else if they were not on their physical person at the time.
- Unlawful Search and Seizure – If law enforcement discovers drugs through unlawful means, the defense can argue that the evidence must be thrown out, which will weaken and discredit the prosecution’s case.
- Insufficient Evidence – The prosecution must prove a case beyond a reasonable doubt, so if there is not enough evidence to prove that the defendant knowingly and intentionally possessed the drugs then the case may be dropped.
- Entrapment – If the defense can prove that the drugs were planted or that law enforcement influenced the defendant to commit the crime, then it’s possible to have charges dropped completely.
- Chain of Custody Issues – If there are concerns about how evidence is handled and preserved throughout the legal process, a skilled defense attorney can discredit the prosecution and their case.
Having an experienced dangerous drug possession lawyer is crucial for building a strategic defense and presenting it to the prosecution in a way that provides the greatest possible chances of success for your unique case. Schedule a free consultation with us to learn more about how we can build the strongest possible defense strategy.
Potential Outcomes if You Hire JacksonWhite Law
Hiring a skilled drug possession attorney increases your chances of a more positive outcome. At JacksonWhite Law, our attorneys have extensive legal experience and have handled hundreds of drug possession cases, so we know what strategies work to push back against the prosecution and overcome the risks of harsh penalties.
Our skilled dangerous drug possession attorneys can help you achieve some of the following potential outcomes:
- Dismissal of Charges – If evidence is weak or improperly obtained, we may be able to get your charges dismissed entirely and avoid any harsh penalties.
- Reduced Charges – Our attorneys will negotiate for lesser charges or penalties, potentially reducing the penalties left on your record.
- Pretrial Diversion Programs – Depending on your criminal background, we may be able to advocate for your participation programs that help you avoid a conviction and harsher penalties.
- Acquittal – Our attorneys may be able to get you acquitted through a strong defense and breakdown of evidence in court, encouraging the dropping of all charges.
- Mitigated Sentencing – In cases where sentencing is unavoidable, our team may be able to use plea bargaining or build a case to minimize your penalties.
Every case is different, and the potential outcomes depend on the unique circumstances of your case. The best way to understand the potential outcomes for your unique situation is to discuss your case with a skilled dangerous drug lawyer.
Plus, when you have an experienced defense attorney by your side, you risk facing the harshest penalties under the law. When you contact our team at JacksonWhite Law, you can trust that we’ll take every possible avenue to reduce the charges and penalties pinned against you.
Get Experienced Legal Representation for Drug Charges
If you’ve been charged with possession or use of dangerous drugs in Arizona, whether it’s meth or another narcotic, you need an experienced dangerous drug attorney to represent your best interests in court. That’s why we make every effort to give you the best available defense in order to reduce your penalties and minimize the impact of your case. We can also help with other drug charges, like possession of marijuana.
The criminal defense team at JacksonWhite has decades of experience defending clients in Phoenix and the surrounding areas in Arizona, and drug crimes are some of the most common offenses. Our dangerous drug possession lawyers in Phoenix will fully explore the legal options that are more likely to result in a favorable outcome for your case. Whether you’re facing a first-time charge or have prior convictions, we can put our knowledge and experience to work for you.
Call the JacksonWhite Criminal Law team at (480) 842-5439 to discuss your case today.
Meet JacksonWhite Law
We are a full-service law firm focused on Criminal Defense.
As premier defense attorneys in Arizona, we’ve helped clients go from facing criminal charges to having less severe penalties, which can then makes it easier for our clients to move on after a criminal case. Some of the outcomes and results we’ve secured include:
• Reduced charges
• Dropped charges and cases
• Lessened penalties
• Probation, fines and classes instead of jail time
At JacksonWhite, we’re focused on the road ahead – not what’s behind you. We’ll make every effort to understand your case and offer legal solutions that can allow you to move forward and minimize the negative impact on your life. We’ve helped adults and juveniles facing all types of criminal charges, from DUI and drug crimes to violent crimes related to domestic violence, assault and battery. Our experienced attorneys will combine their knowledge, guidance and skill set to work toward the best possible outcome for you and your case.
