Drug offenses are some of the more common criminal offenses seen in Arizona. Depending on the type of drug, individuals could be charged with either a misdemeanor or a felony. However, no matter the severity of the offense, someone facing this type of penalty will want to avoid the serious repercussions that come with a conviction.
If you have been arrested on drug charges, it is vital to seek the counsel of a Gilbert drug lawyer at Grand Canyon Law Group to discuss possible defenses for your case. Our experienced attorneys will vigorously defend your rights and fight to ensure your ultimate freedom.
Depending on the details of the charge, a multitude of defenses may potentially be used against allegations of a drug violation. The circumstances surrounding the discovery of the drugs can sometimes be used in a defense. If the drugs were found as the result of an unlawful search, it may be possible to prevent the illegally discovered evidence from being used against you in court.
Additionally, whether the accused was aware of the presence of the drug is a critical element that can favor the defense. In order to convict a person of illegal drug possession, the State must prove that you deliberately and with full awareness had possession or control over the drug.
In other words, if the illegal substance was discovered in a nearby area but the accused was not aware of the substance, this could potentially be used as a defense against their charges. An attorney with significant knowledge of the local legal context surrounding a drug charge could formulate a robust defense according to the facts of your case.
Many different drug charges can be leveled against someone, and the penalties attached to each depends on a few factors. A drug attorney could provide insight as to a particular charge in the local area. In most cases, the type of drug involved and the amount of the substance in question are two primary elements that correlate to the sentence levied if the person is convicted. The court may assess lesser penalties for first-time offenses at their discretion.
Arizona law outlines an extensive list of substances and the various penalties attached to specific quantities of each type of substance. Possession charges can carry lighter punishments than a conviction for the sale or manufacturing of an illegal substance. For instance, if you are convicted of possessing between two and four pounds of marijuana, you would face Class 5 felony punishments. In Arizona, a Class 5 felony carries a jail term of up to 30 months if aggravating factors are present. Without aggravating factors, the standard or presumptive sentence is 1.5 years in prison.
However, a conviction for the sale of the same quantity of marijuana is charged as a Class 3 felony offense, the period of incarceration for which can be 42 months without aggravating factors, and up to nearly nine years if aggravating factors are present. Significant financial penalties may also be imposed.
Consider the potential sentencing guidelines for a more addictive substance such as heroin or methamphetamine. If someone is charged with possession of either substance, but an aggravating factor is present, they could be ordered to spend nearly four years in prison, or 3.75 years to be exact.
If you are charged with an Arizona drug crime, the most important actions you can take to boost your defense is to hire a skilled Gilbert drug lawyer. One of our experienced attorneys at Grand Canyon Law Group can construct compelling legal arguments based on the specific details and circumstances of your charge while making every effort to achieve a favorable ruling. Call our office today to receive your free case consultation.