Narcotics, similarly referred to as opiates, are medicines created to relieve chronic or acute pain, but because they can be harmful when used incorrectly, possessing these drugs without a prescription is illegal. Possession of narcotics in Arizona without a prescription is a felony, according to ARS 13-3408.
A narcotic drug possession charge has the potential to negatively impact your future. For this reason, it’s imperative that you contact an experienced Phoenix drug possession lawyer as soon as possible to help you build an effective defense strategy. Our team of drug possession attorneys at JacksonWhite can help.
What Are Narcotic Drugs?
Narcotic drugs, commonly referred to as opioids, are pharmaceutical, synthetic, or manufactured drugs created to relieve chronic or acute pain. When used under doctor’s orders and with the correct, safe prescription, these drugs can be beneficial. However, users can develop an addiction to these narcotics, which can lead to a charge for felony possession of narcotic drugs.
There are many variations of narcotics, and each has different effects. Some narcotics have detrimental effects on the brain, while others can affect the nervous system, muscles, and bodily organs. Due to the negative effects these medicines can have on the body in the long term when they are abused, it is illegal to possess or sell these drugs without a medical prescription.
Common Narcotic Drugs governed by ARS 13-408 include:
- Heroin
- Fentanyl
- Hydrocodone
- Oxycodone
- Methadone
- MMDA
- Morphine
- Crack
- Cocaine
- Codeine
However, these are just a few examples. ARS 13-408 lists over 100 different drugs that are classified as narcotics. The statute covers the illegality of not only possessing these drugs but also other actions, like manufacturing, selling, or transporting narcotics. If you are charged with possession of any of these drugs, a skilled drug possession lawyer can help you build a defense to protect your future.
Legal Consequences for Possession of Narcotic Drugs in Arizona
ARS 13 3408 discusses the various penalties associated with possession of narcotic drugs, which includes not only possessing narcotics but also engaging in the manufacturing or transportation of these substances. Possession ranges from a class 4 felony to a more severe class 2 felony.
The statute outlines the following penalties regarding narcotic drugs:
- Possession or use of a narcotic drug – Class 4 Felony
- Possession of a narcotic drug for sale – Class 2 Felony
- Possession of equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug – Class 3 Felony
- Manufacturing a narcotic drug – Class 2 Felony
- Administering a narcotic drug to another person – Class 2 Felony
- Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge – Class 3 Felony
- Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug – Class 2 Felony
Possession charges are not taken lightly in Arizona. Even as a first offense, a possession charge is a felony offense. Penalties associated with a felony offense can vary from probation to 12.5 years in prison.
Possible penalties include:
- Class 2 FelonyÂ
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- 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
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- Class 3 Felony
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- 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
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- Class 4 Felony
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- 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
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- Probation
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- Including a fine of at least $2000 or three times the value of the drugs seized
- Including 360 hours of community service
The penalties for drug related crimes can vary largely depending on the circumstances of the charges, but obviously have some serious repercussions. Because of the wide range of potential penalties, it is recommended to contact a skilled Arizona drug possession attorney to support you in receiving the least severe sentencing available.
With wide-ranging penalties, it is wise to have a successful Phoenix drug possession lawyer on your side to help you build a strong defense and avoid harsh charges, whether you reside in Phoenix or elsewhere in Arizona.
How a Phoenix Drug Possession Attorney Can Help
If you have been arrested for possession of narcotic drugs, your first step should be to contact a criminal defense attorney. An attorney is familiar with the legal system and can help build the best defense possible for your case while offering the chance to avoid additional prison time or fines.
At JacksonWhite, we begin every case by offering a free initial consultation to gather a full understanding of the details of each situation. During this consultation, we’ll work to learn more about the circumstances leading to your charge and determine the best path forward in building a defense.
Our drug possession attorneys at JacksonWhite can support you in all the following ways:
- Extensive Legal Knowledge – With extensive experience in drug possession cases, we know how to navigate the legal system and what steps to take to build a strong case.
- Evidence Examination – We’ll analyze the evidence presented by the prosecution to identify issues and break down the case against you.
- Case Assessment – We’ll evaluate the strengths and weaknesses of the case against you to build a defense strategy with the highest chances of promoting a positive outcome.
- Plea Negotiation – Our team will advocate to keep you out of the courtroom and away from harsh penalties by negotiating with the prosecution for a plea deal that softens your charges.
- Court Representation – Our attorneys will remain by your side throughout any court appearances, hearings, and trials to present your defense.
- Mitigation of Consequences – We are well-versed in strategies that may be able to reduce the charges against you and minimize the chances of facing harsh, long-term personal consequences.
- Access to Resources – Our attorneys have experience in drug possession cases and access to a web of resources, so we can help connect you to valuable resources such as treatment centers or counseling, if needed.
The type and amount of the drug found in your possession will be a major determining factor in your charges and will mold the defense used in your case. The means in which the officers found the drugs are an important piece of your case. If the police officers did not have a warrant or searched your home or vehicle illegally, it can help your attorney have that evidence dismissed.
Our experienced Phoenix drug possession attorneys will know which defense strategy is best for your case and unique circumstances. It is important to find an attorney with a proven track record that you can trust because the penalties can be extreme if you do not have an experienced defense attorney in your possession of narcotic drugs case.
Why You Should Take Immediate Legal Action
If you have been charged with narcotic drug possession in Arizona, it’s important to seek the support of an experienced defense attorney as soon as possible. Acting quickly to find an attorney allows you to develop a legal strategy together and empower you to navigate the legal system with confidence.
Some of the benefits of taking immediate legal action include:
- Rights Protection – Having a lawyer will prevent you from being taken advantage of by the prosecution and having your rights infringed upon.
- Timely Evidence Gathering – As time passes, it may be harder to gather evidence or find witnesses that can support your case, so it’s important to consult a lawyer right away.
- Strategy Development – It’s best to begin formulating a defense strategy as soon as possible so you can remain consistent in negotiations and hearings, and having a lawyer makes it easier to do so.
- Preventing Mistakes – A prosecution can take advantage of inexperience and lead you to make mistakes that compromise your defense, like sharing excess information, so quick legal support will provide crucial guidance.
- Emotional Support – Facing criminal charges on your own can be incredibly stressful, so seeking legal support as soon as possible eases the burden and stress.
As you consider the benefits of swift legal action, turn to our team at JacksonWhite for support in avoiding. Through an initial consultation, we’ll hear the details of your case and begin formulating a strong defense strategy right away to protect you from a ruthless prosecution team.
Common Defenses Against Narcotic Drug Possession Charges
If you have been charged with narcotic drug possession, a skilled drug possession attorney can use several possible defenses to combat the possible penalties against you. At JacksonWhite, our attorneys have decades of experience using these strategies, from questioning the methods used by law enforcement to breaking down the evidence used by the prosecution team.
Our attorneys can use some of the following defenses in a narcotic drug possession case:
- Unlawful Search and Seizure – If the evidence presented against you was obtained through unlawful means, we can argue that this evidence is invalid and have it dismissed in court to strengthen your case.
- Lack of Possession – If you did not actually own the drugs, like if you were charged for living in a shared environment with someone else who possessed the drugs, we can use this to argue for dropped charges.
- Insufficient Evidence – When the prosecution does not have enough evidence to prove that you actually possessed the narcotics, we can argue for reduced or dismissed charges.
- Invalid Police Procedure – If the police violate your constitutional rights or engage in misconduct during the legal process, our defense attorneys can argue for dropped charges.
- Medical Necessity – In cases where you were charged with possessing a medication you are prescribed, our attorneys can argue that the charges are unjustified.
- Duress – If your possession of narcotics was under threat or coercion from another party, our attorneys can argue that the possession was involuntary and undeserving of a charge.
The best defense strategy depends on the facts of your case. Having a skilled narcotic defense attorney by your side will allow you to have the strongest possible defense and will improve your chances of avoiding the harshest penalties under the law.
Potential Outcomes if You Hire JacksonWhite Law
When you are charged with narcotic drug possession, a conviction is not the only possible result, especially if you have the right support. It’s important not to seek to defend against your charges alone as you may risk facing harsh penalties, while a skilled defense attorney can help you achieve a variety of potential outcomes to minimize your charges.
Our team at JacksonWhite Law will build a strategic defense strategy to promote the best possible outcome for your case. Using our decades of experience, we know what strategies are necessary to promote a better result for you in your case.
At JacksonWhite Law, we can advocate for some of the following potential outcomes depending on your case:
- Dismissal of Charges – If the prosecution does not have a strong case, we may be able to dismantle the case for a full dismissal of charges.
- Reduced Charges – In cases where dismissal is not possible, we may be able to negotiate with the prosecutors to reduce the severity of charges.
- Alternative Sentencing – Depending on the circumstances of your case, we can advocate for alternative sentencing approaches, like counseling or treatment programs, that avoid harsh penalties like jail time.
- Acquittal – With a strong defense and a lack of evidence by the prosecution, we may be able to accomplish a not guilty verdict in trial.
- Sealing or Expungement – If you have a prior conviction for possession, we can guide you in the process to petition the court for a sealing or expungement of the charges from your record.
Of course, the potential outcomes differ for each case, as they depend on the unique circumstances of every situation. To learn more about the possible outcomes for your case, the best option is to consult with an experienced narcotic defense attorney. Our attorneys here at JacksonWhite offer a free initial consultation so that we can understand the details of your case and outline the best path forward.
Get Experienced Legal Representation for Drug Possession Charges
A possession of narcotic drugs charge is a frightening situation. Having an experienced narcotic drugs possession attorney can make all the difference in the outcome of your case. With this much on the line, don’t leave your future up to chance. Contact a Phoenix drug possession attorney today to discuss your options.
Our Criminal Law team at JacksonWhite is well-versed in defending clients against drug possession charges. Our drug possession lawyers approach each case with compassion and empathy, working to understand the circumstances of your situation so we can build the best possible defense. Through an initial consultation, we’ll listen to you and your experience and begin working to provide you with the support necessary in navigating the legal system and promoting the best possible outcome.
Call the JacksonWhite Criminal Law team at (480) 725-7915 to discuss your case today.
