Phoenix Drug Crime Lawyer

Phoenix Drug Crime Attorney

A drug charge in Arizona can have life-altering consequences. From potential jail time to substantial fines, the impact can be severe. The team at Hallam Law Group understands the serious nature of these charges and provides skilled, compassionate representation. Our Phoenix drug crime lawyer understands the gravity of these charges and is committed to providing compassionate legal counsel.

Arizona Controlled Substances

In Arizona, a controlled substance is any drug regulated by federal or state law. These substances are categorized into five schedules by the federal Controlled Substances Act, reflecting their potential for abuse and medical utility:

• Schedule I: High potential for abuse with no currently accepted medical use. This includes heroin, LSD, ecstasy, marijuana, etc.
• Schedule II: High potential for abuse with severe physical and psychological dependence. This includes cocaine, methamphetamines, methadone, fentanyl, Adderall, etc.
• Schedule III: Moderate to low potential for physical and psychological dependence. This includes ketamine, steroids, etc.
• Schedule IV: Low potential for abuse and limited physical or psychological dependence. This includes Xanax, Valium, Ambien, etc.
• Schedule V: Lower potential for abuse than Schedule IV and includes cough syrups with codeine, antitussive medications, etc.

The classification of a drug significantly impacts the potential penalties for drug-related offenses. Crimes involving Schedule I substances typically carry the most severe consequences. Other factors, such as the quantity of the drug and any resulting harm, can further influence the severity of the charges.

Types of Drug Offenses

Arizona’s drug laws are stringent and encompass a wide range of offenses. From simple possession to complex trafficking schemes, the state prosecutes a variety of drug-related crimes, including:

Production or Cultivation of Controlled Substances

The production of controlled substances in Arizona is a serious Class 4 felony, while the cultivation of controlled substances may be a misdemeanor or a felony. The severity of the consequences depends on:

• The kind of drug involved.
• How much of the drug was created or grown.
• Whether the accused was distributing the drugs.
• If the accused has a prior criminal record.
• If there were aggravating circumstances, such as children being present or weapons used.

Possession with Intent to Distribute and Drug Trafficking

Drug trafficking in Arizona refers to the transportation, importation, transfer, or sale of controlled substances. The law categorizes drug distribution and trafficking offenses into three primary categories, including dangerous drugs, narcotic drugs, and prescription drugs.

Dangerous drugs include substances like amphetamines, psilocybin, PCP, and LSD. A conviction for distributing a dangerous drug is a Class 2 felony. Possession of narcotic drugs like heroin, cocaine, fentanyl, opium, tramadol, and hydrocodone is also a Class 2 felony.

Importing or transporting prescription drugs without legal authorization is a Class 6 felony.

Drug Possession Charges

Arizona law categorizes illegal drugs, known as controlled dangerous substances (CDS), into six primary types:

• Marijuana
• Peyote
• Prescription drugs
• Dangerous drugs
• Narcotic drugs
• Substances emitting toxic vapors

Arizona law establishes specific threshold amounts for CDS. Meeting or exceeding these thresholds creates a presumption of intent to sell, leading to mandatory prison time, regardless of prior criminal history. Understanding how Arizona distinguishes between drug dealers and drug users can play a crucial role in how charges are filed and defended. These thresholds vary by drug type and are defined by weight, market value, and other measurements.

For the prosecution to secure a drug possession conviction, they must prove the defendant knowingly possessed a narcotic drug and that the substance was a narcotic drug beyond a reasonable doubt.

Drug possession charges can also include possession of drug paraphernalia and possession of a fraudulent prescription to get prescription drugs. Having drug paraphernalia is a Class 6 felony since this paraphernalia can be used for cultivating, processing, storing, distributing, or consuming drugs.

If you are facing any type of drug offense charges, we can provide a comprehensive analysis of your case and create a defense strategy tailored to your situation.

Defenses for Drug Crime Charges

A skilled defense attorney can tailor a defense strategy to your specific circumstances, potentially mitigating penalties. This could involve negotiating a plea deal, reducing a sentence, or even achieving a not-guilty verdict.

Defense strategies we can use include:

• Lack of knowledge: Arguing the defendant was unaware of the illegal nature of the substance or its presence.
• Wrongful possession: Stating the drugs belonged to someone else, which could undermine the prosecution’s case.
• Illegal search and seizure: If law enforcement conducted an illegal search, the evidence they obtained may be deemed ineligible to use in court.
• Valid prescription: A valid prescription for the substance could exonerate the defendant from charges.
• Involuntary intoxication: Arguing the defendant was involuntarily intoxicated at the time of the offense.
• Police misconduct or entrapment: Law enforcement induced the defendant to a crime they would not have otherwise, or their rights were violated during the investigation.

How a Drug Conviction Can Impact Your Future

Even a seemingly minor drug conviction can have far-reaching consequences that could upend your life. The impact of such a conviction can significantly affect various aspects of your life, from employment opportunities to housing and personal relationships.

A conviction can significantly impact employment opportunities. While equal employment opportunities are a fundamental right, those with criminal records may face significant hurdles. Many employers conduct background checks, and drug charges may disqualify you from certain positions. A conviction can also hinder your ability to obtain loans. Lenders often view individuals with criminal histories as higher-risk borrowers.

In child custody disputes, a criminal conviction can negatively impact your parental rights. Your character and fitness as a parent may be questioned, potentially leading to adverse custody decisions. The opposing parent could use the charges to gain a custodial advantage over you, which could jeopardize your relationship with your children.

Drug charges can impact your ability to receive public benefits such as Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and eligibility for public housing. The loss of these benefits can lead to severe financial difficulties, and individuals may be pushed deeper into poverty.

Additionally, a drug charge can damage your reputation within your community. News of the arrest may spread among neighbors, friends, and colleagues, leading to social stigma and strained relationships. This can make it difficult to participate in local activities and be involved in your community.

Why You Need an Experienced Phoenix Drug Crime Attorney

Arizona drug crime charges can lead to severe penalties that can have a lasting impact on your life. If you are facing drug charges in Phoenix, it is essential to seek legal counsel from an experienced drug crimes lawyer. At Hallam Law Group, we can help you understand the potential consequences of your charges, thoroughly evaluate your case, develop a strong defense strategy to safeguard your rights and minimize the potential penalties of a conviction.

FAQs About Phoenix,AZ Drug Crime Law

How Serious Are Drug Charges in Arizona?

Drug charges in Arizona are serious, ranging from misdemeanors to felonies, depending on the type of drug, the amount, and whether there is an intent to distribute. Arizona has strict drug laws, with potentially severe penalties including jail time, fines, and a criminal record, so it is essential to contact an experienced criminal defense attorney if you are facing charges.

How Can I Get a Drug Charge Dismissed or Reduced?

To get drug charges dismissed or reduced in Arizona will depend on the specific charges, evidence, and circumstances of the case. Discussing your case with an experienced criminal defense attorney is the most effective way to identify potential defenses to minimize the consequences of a conviction. Your attorney can negotiate with the prosecutor on your behalf to reduce the charges or lessen your sentence.

What Should I Do if I’m Arrested for a Drug-Related Offense in Arizona?

If you are arrested for a drug-related offense in Arizona, remain silent and contact an attorney immediately. Do not speak to the police without legal representation. An attorney can help protect your rights, understand the charges, build a defense, and negotiate potential plea deals or diversion programs. Remember that drug offenses have serious consequences, and the actions you take after an arrest can enhance them unless you take precautions.

Is It Possible to Reduce a Felony Drug Charge to a Misdemeanor?

Yes, it is possible to reduce a felony charge to a misdemeanor. This depends on the type of drug, quantity, or whether you have a criminal record. Your lawyer could help reduce your sentence through a plea bargain or settling for drug diversion program participation. Your attorney can help you understand if your charges are eligible to be reduced.

What Are the Sentence Guidelines for Drugs in Arizona?

Arizona drug sentencing laws depend on the specific drug, quantity, and whether it is the accused’s first offense or not. First-time offenses can range from misdemeanors to felonies, with penalties including fines, probation, or prison time. Subsequent offenses typically carry harsher penalties, including mandatory minimum prison sentences. Other factors that might affect sentencing include the type of drug, quantity, intent, and prior criminal record.

What is the meaning of “Threshold amount” drug crimes in Arizona?

The “threshold amount” means a weight, market value or other form of measurement of an unlawful substance, which triggers a presumption in the law that the drugs were being possessed to sell.  The following are the current “threshold” amounts of various drugs in Arizona:

(a) One gram of heroin.

(b) Nine grams of cocaine.

(c) Seven hundred fifty milligrams of cocaine base or hydrolyzed cocaine.

(d) Four grams or 50 milliliters of PCP.

(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.

(f) Nine grams of amphetamine, including amphetamine in liquid suspension.

(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.

(h) Two pounds of marijuana.

(i) Nine grams of fentanyl or fentanyl mimetic substances.

(j) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (i) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of ARS § 13-3420.

(k) For any unlawful substance not listed in subdivisions (a) through (i) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (i) of this paragraph, a value of at least $1,000.

Discuss Your Case with a Phoenix Drug Crime Attorney

We understand that facing drug charges can be a daunting experience, and Hallam Law Group can help. Schedule a consultation with a Phoenix drug lawyer today and learn more about the legal process and how we can assist you.