Charges for Possession of Dangerous Drugs
In the state of Arizona, there are several dangerous drug charges you may face. You will need the help of a criminal defense attorney with Gurion Legal if you possess drugs, sell them, or use them. Most of the time, the penalties include jail or prison time and high fines, no matter the specific drug crime.
Drug crimes are on the rise, and law enforcement personnel are constantly seeking to make these arrests. An experienced drug crimes attorney can provide you the help you need to create a defense for your case. These attorneys will review all evidence against you to determine how to help.
For Immediate Help
Examples of Dangerous Drugs
Dangerous drug charges in Arizona can concern any uncontrolled substance other than marijuana or narcotic drugs. They are more commonly called “controlled substances.”
Some examples of those substances include:
- Prescription Drugs like Valium and Diazepam
- MMDA or MDA
- Anabolic Steroids
These are just a few of the illegal substances. In total, in the state of Arizona, there are over 200 on the list. Thankfully, a strong defense is that you have to know of possession or use of any of these drugs.
Types of Dangerous Drug Charges
In Arizona, ARS 13-3407 has specific actions that an individual must take to face a crime. Any of these actions are those that lead to penalties and other crimes.
- Dangerous drug possession or use
- Possession of any drugs that are up for sale
- Possession or use of any of the equipment necessary to make a drug
- Making a dangerous drug
- Giving a dangerous drug to someone else
- Taking a dangerous drug after someone gives it to you through a misconception
- Transporting dangerous drugs for the sake of selling them
You have to know that you engaged in a drug-related crime to face a conviction for any action above. Though the list of dangerous drugs above has some of the most popular you can use or possess, know that any substance that can stimulate your nervous system could be classified as a dangerous drug or another type of illegal drug.
Penalties for Dangerous Drug Crimes Under ARS 13-3407
As mentioned, this code covers the seven dangerous drug actions above. Violation of this code by partaking in any of these actions leads to a serious crime. All of the time, you will be facing a felony.
Longer sentencing is available for many of the seven actions taken. Although some of the drugs on the list require mandatory probation for personal possession under Proposition 200, methamphetamine is specifically excluded from it.
When considering the penalties listed below, realize that these are all for ARS 13-3407. They also only apply to first-time offenders and to those who did not possess methamphetamines.
Penalties may go as high as:
- Class four felony: 3.75 years of prison
- Class three felony: 8.75 years of prison time
- Class two felony: 12 and a half years spent in prison
There is one more important consideration concerning these penalties. Each drug has a certain statutory threshold of how much you can possess before facing mandatory imprisonment for possession for sale. If you exceed this amount, you may face harsher penalties.
ARS 13-3401 is the code that defines the thresholds of any of the drugs aforementioned. Code 13-3407 may increase your penalty to a selling charge rather than a possession charge if you are above the threshold. It does not matter if you were actually selling or not.
Threshold amounts are:
- PCP: four grams
- Amphetamine: nine grams
- Methamphetamine: nine grams
- LSD blotter: 50 units
- Liquid LSD: 0.5 milliliters
- Other drugs: valuation over $1,000
- Combination: exceeded threshold when adding all drugs possessed
Drug Possession and Use Charges
Drug possession and use charges are typically class four felonies. Sales offenses are treated more harshly. Penalties increase for repeat offenses or possession of methamphetamines. Penalties are also worse, again, if your drug amount is above the threshold.
Possession of Drugs for Sale
When you possess more drugs than the threshold, remember, this is evidence of possession of drugs to sell. These charges are often class two felonies. If you do not have more than the base amount, there must be something more suggesting sales.
Officers and courts may take several steps to determine if you intended to sell the drugs in your possession. They will see if you had drug paraphernalia, for instance, or if any of the drugs came in packages. Often, officers will set up a spot in which they can watch to determine if multiple people come in and out of your home throughout the day.
The ways that police officers find this evidence is often through undercover agents or criminal informants. They need the proof to show the court that you were present where the police said you were and that you had possession of drugs. They also have to know how many substances you had, if you had paraphernalia, and the types of drugs you had.
Transportation of Dangerous Drugs
Another type of possession with intent to sell is if you transport drugs. Transportation can include importing drugs to the state or taking these substances to another state around Arizona. Transportation is also a class two felony, but often, the penalties you may face are much more severe.
Arizona Revised Statute 13-3408 – Narcotic Drugs
One type of drug that you can use and possess that is under another code is a narcotic. Possessing these drugs is a crime found under Arizona code ARS 13-3408.
Specific narcotic types include:
Class two or four felonies are typically the charges related to this offense. The class two felony can bring as many as 12.5 years in prison. It does depend on how many narcotics you have in your possession, whether you intended to sell the drugs, and on your prior convictions.
Arizona Revised Statute 13-3406 – Prescription Drugs
ARS 13-3406 is another variation on possession and use charges. This code involves the illegal use of prescription drugs. The person who possesses the drugs must not have a prescription for them or must not be a prescriber, especially if you give the substances to another person.
Prescription drug charges under ARS 13-3406 face slightly less harsh penalties than the previous two codes. Depending on the prescribed drugs you have and a person’s record, someone could even receive a class one or two misdemeanors.
There are situations under this subsection in which you can be charged with Class 4 and 6 felonies.
Defenses for Use and Possession Charges
If you face a dangerous drug charge, you need to work with a drug crimes attorney who can defend you. The defenses that they will make will depend on your specific crimes and the circumstances surrounding them. Three of the more popular defense ideas, however, are in the information below.
Lack of Knowledge
Remember, to receive a charge of possession or use of a drug, knowledge is necessary. If you did not know that an illegal substance was in your presence, you have a strong defense. One example is if someone manipulated you to take a drug or slipped it in your drink. Others would be if a friend’s vehicle had drugs, you were unaware of it.
Drugs were Planted/Staged
If an attorney is able and there is suspicion, they can obtain information about the police officer’s arrest record. The documentation could provide information to showcase if the cop planted a drug in your house or car. If the evidence presents this as fact, the criminal defense attorney can even have the officer testify in court.
Police Search without a Warrant
Unless a specific circumstance arises, a police officer cannot search your home or vehicle without a warrant. If your attorney finds that this occurred, the court will throw out any evidence obtained from the search. Without ample evidence, you have a high chance of getting your sentencing overturned.
Hire a Drug Crimes Attorney You Can Trust
If you have any dangerous drug or narcotic drug charges against you, hire a drug crimes attorney as soon as possible. They will listen to your story, observe the evidence, and find defenses specific to your case.
The end goal will always be to shorten your sentencing, or completely dismiss it in a court of law. It will depend, however, on the specific defense tactic used. Though lower sentencing does not always happen, an experienced drug defense attorney with Gurion Legal can make such a difference in any drug-related case.
Need Quick Answers?
What People Say
Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.
We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!
I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.
Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++
Thank you Omer for helping my family and I through the one of the hardest times that we have ever gone through. I had a trial coming up in two weeks in 2 weeks when I made the decision to hire Omer Gurion and that was the best decision I have ever made. Omer prepared himself for my case in only 2 weeks and destroyed the state’s poor case against me. After working with him I can say without a doubt he is undoubtedly one of the best criminal defense attorney’s there is because he is extremely articulate, intelligent and absolutely knows the law inside and out. The jury came back almost immediately with a “not guilty” verdict. I can’t even truly express how relieved I felt at that moment and it is all thanks to Omer and the defense team he works with. I say emphatically that you can count on Omer Gurion.
I was in contact and worked with a couple of attorneys from the Rosenstein Law Group and was provided solid legal services but it wasn’t until I had the privilege of having Mr. Gurion on myside that I felt some bit of peace of mind or a little bit at ease. I’m sure Mr. Gurion had several clients while he was working with me, yet I never felt like just a number to him; I always felt like I was his number one priority. Mr. Gurion was never too busy to reply to an email or answer a call from me. Mr. Gurion was always calm, cool and collected and reassured me that everything was going to be OK for me and my family. Not only did Mr. Gurion reassure me, more importantly he delivered. I am a free man because of Mr. Gurion. If anybody is in need of legal assistance I would without a second thought I would highly recommend Mr. Gurion.
My son had a DUI arrest hanging over his head. We hired Omer to guide us through the process. He carefully outlined and explained all options available. He advised my son on a course of action based on his knowledge of the law and his experience. His advice was spot on. His guidance and responsiveness helped relieve the stress of the situation. We highly recommend Omer. You can put your confidence in him.
September 23, 2019
I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.
Omer was not only extremely knowledgeable and efficient as an attorney but was very caring and supportive during a very difficult time for our family. Omer even followed up after the resolution to make sure we had everything we needed. I would recommend Omer Gurion highly. Thank you Omer!
Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.
One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10