{"id":17075,"date":"2019-10-21T14:17:54","date_gmt":"2019-10-21T21:17:54","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=17075"},"modified":"2023-07-26T10:55:49","modified_gmt":"2023-07-26T17:55:49","slug":"first-offense-felony-drug-charge","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/first-offense-felony-drug-charge\/","title":{"rendered":"Consequences for a First Offense Felony Drug Charge in Arizona"},"content":{"rendered":"
Arizona is a state with some of the strictest laws regulating the possession of drugs and narcotics which can be legally used, as well as the drugs that can never be used or in your possession. In an effort to ensure that the strict laws regarding drugs are clear, Arizona has published detailed lists<\/a> outlining the types and quantities of drugs that are prohibited in the state, as well as the punishment that corresponds to the possession of each drug.<\/span><\/p>\n This strictness in the laws is believed by many to exist as a form of protection for Arizonans from the terrible side effects and dangers that surround many harmful drugs. However, this strict view on drugs also leads to harsh penalties and even incarceration for many unknowing individuals.<\/span><\/p>\n Drug possession charges differ widely depending on several important variables in Arizona; charges depend on factors like the type and quantity of drugs present as well as how they were intended to be used.<\/span><\/p>\n Variables allow judges to be flexible and fair in their sentencing as they can take into account individual facts when making a sound decision instead of employing a cookie-cutter approach. A great example of how variable “type” impacts charges would be the disparate charges between marijuana and methamphetamine use.<\/span><\/p>\n Arizona has legalized medical marijuana, yet recreational use remains illegal in the state. Arizona may classify marijuana differently than other drugs, but possession without valid medical authorization remains illegal and penalties for possession will vary based on weight and circumstances of each case.<\/span><\/p>\n For drugs considered to be dangerous, such as methamphetamine, the charges are much more severe and there is often little to no leniency that can be offered by a judge. Possession of methamphetamine is a felony that comes with both mandatory and maximum prison time.<\/span><\/p>\n Due to the complex differences in drug categories and the major impact the charges surrounding the illegal possession of drugs can have on your life, it is extremely important to hire a competent and experienced defense attorney to assist you with your legal matter ASAP.<\/span><\/p>\n Unlike drugs, which are illegal in every form (except for marijuana), narcotics,\u00a0 commonly referred to as opioids, can be legally obtained and kept in your possession so long as they were obtained with a valid prescription from a doctor. Even though narcotics can be legal to possess, their addictive nature has caused them to be heavily regulated in an effort to prevent abuse but this heavy regulation has lead to harsh charges.<\/span><\/p>\n Due to tight regulation, possession of the following common narcotics without a prescription is a felony in the state of Arizona according to\u00a0A.R.S. 13-3408<\/a>:<\/span><\/p>\n If you are found to be in possession of an illegal narcotic, A.R.S 13-3408 outlines the following penalties:<\/span><\/p>\n Narcotic possession charges are not taken lightly in Arizona, and unlike a first time offense for drugs, such as marijuana, the first offense with possession of a narcotic is a felony and has serious consequences. Due to the wide range of potential consequences stemming from a narcotic related arrest, it is recommended to contact a skilled Arizona criminal defense attorney to ensure you receive the best sentencing available.<\/span><\/p>\n The third variable used to determine the charge for possession of a drug or narcotic is the intended use. More often the not, the amount police find helps them to determine the intended use; small amounts are seen as personal use, while large amounts are viewed to be possessed with an \u201cintent to sell<\/a>.\u201d If it is determined that the possession of drugs is with an intent to sell, the charges become more severe and a felony conviction warrants serious jail time.<\/span><\/p>\n<\/h2>\n
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Criteria for Felony Offense Drug Charge in Arizona:<\/span><\/h2>\n
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Determining if the Drug Possession Charge is a Felony<\/span><\/h2>\n
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Possession of Marijuana\u00a0<\/span><\/h3>\n
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Possession of Methamphetamine<\/span><\/h3>\n
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Difference Between Drugs and Narcotics<\/span><\/h2>\n
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Narcotics Possession<\/span><\/h3>\n
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Possession of Drugs or Narcotic with Intent to Sell<\/span><\/h2>\n
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FAQ about Felony Drug Charges in Arizona<\/span><\/h2>\n
Q: What is a dangerous drug charge?<\/span><\/h3>\n