“Common areas of defense that experienced criminal lawyers target for to defend drug possession charges that may lead to dismissal”.
Arizona Drug Possession Charges
If you were arrested for drug possession charges in Phoenix AZ, your future and freedom are at stake. You should consult an attorney who defends drug charges to discuss your matter and defense options.
Two common areas of defense that an experienced criminal lawyer will target to defend drug possession charges are:
1) Defendant’s “knowledge” of possession;
2) Quantity and classification of drug the defendant is accused of possessing.
3) Constitutional Rights Violations
Drug Possession may be charged as a misdemeanor or felony. The larger the quantity you are accused of possessing, the more serious the charges and penalties. If the quantity of a particular drug or classification exceeds the Arizona Statutory Threshold Amount for a specified drug, a conviction will result in mandatory prison terms and other harsh penalties.
AZ Drug Possession Laws
Under Arizona Drug Laws A.R.S. 34 13-3401 and A.R.S. 13-105, the defendant must have “knowledge” that they possessed illegal drugs, in order to be convicted of possession charges.
• A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, or transport, manufacture or distribute Marijuana, or any other illegal drugs;
• A.R.S. 13-105. 10 (a), (b): “Knowingly” with respect to drug possession charges means that a person knows that the circumstance itself. It is not require the defendant to know that possessing the drug is unlawful;
• A.R.S. 13- 105. 34, 35: “Possess” is defined as knowingly to have physical possession or otherwise to exercise control over property; 35. “Possession” means a voluntary act if the defendant knowingly exercised dominion or control over the property.
In Arizona, the prosecution has the burden of proving that the accused knew or should have reasonably known that they possessed illegal drugs in order to get a conviction.
Arizona Drug Classifications – A.R.S. 13-3401
Under Arizona Law A.R.S. 13-3401, drugs are basically classified by three types:
• Dangerous Drugs – (A.R.S. 13-3401.6) – LSD, ecstasy, methamphetamines, steroids, GHB, hallucinogenic drugs, mescaline, clonazepam;
• Narcotics- (A.R.S 13-3401.20) – Cocaine, heroin, opium, morphine, oxycodone;
• Marijuana – (A.R.S. 3401.19) – Marijuana – all forms including synthetic and non-imitation marijuana.
Sentencing for drug possession convictions depend on a number of factors including:
• Quantity of the drug found in your possession;
• Whether the quantity exceeded the statutory Threshold Amount;
• Classification of the drug;
• Purpose of the drug in your possession (use, sales or intent to sell);
• First time or repeat offense;
• Aggravated or mitigating factors surrounding the possession charges.
Criminal Defense Lawyer Phoenix AZ
If you face any drug possession charges in Phoenix AZ, they could be potentially serious. You should consult an experienced criminal lawyer who defends Phoenix drug charges, frequently. A majority of drug possession charges are classified as felonies. If convicted of felony drug charges, you could face harsh sentencing including prison terms, large fines, participation in drug treatment programs and more, for. They will require good legal representation to defend. A good criminal lawyer, will defend your charges; determine if any of your rights were violated; and work to get the best possible outcome in your case. Favorable outcomes may include case dismissal; reduction of charges; or less harsh sentencing if convicted.
Law Office of James Novak
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Tempe AZ 85282
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