Arizona has very harsh penalties for drug crime. If convicted of drug possession in Phoenix, no matter how small the amount of drug in possession, the crime is charged as a felony. Experienced criminal defense becomes paramount to avoid charges and sentencing that seriously deprive you of your freedom. Billar & Donald, P.C. has the experience and know-how to provide effective criminal defense for cases involving drug possession in Phoenix.
Arizona statutes on drug possession
Under Arizona statute 13-3408, general possession or use of a narcotic drug (marijuana, cocaine, crack, heroin, LSD, ecstasy, etc.) is a class 4 felony. Certain quantities of narcotics, based on the narcotic type, are assigned a statutory threshold, which also determines the class of felony.
For example, marijuana possession of two pounds or less (not for sale) is a class six felony. Marijuana possession of an amount between two pounds and four pounds (not for sale) is a class five felony. If the quantity possessed exceeds the statutory threshold, the offender is subject to more serious charges.
For repeated drug offenses, more serious charges are also assigned. If you are convicted of drug possession for a quantity under the threshold amount (simple possession with no prior offenses or complications), you are usually eligible for probation.
Conditions of probation
The terms for probation include 360 hours of community restitution. Restitution involves using an agency or organization for rehabilitation, drug or alcohol abuse treatment, controlled substance abuse medical treatment, counseling, or other services appropriate for individuals convicted of drug crime.
Other serious consequences
Any drug conviction, even for a first drug possession charge in Phoenix, makes you ineligible to receive certain public benefits, including:
- State university scholarships
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- State funded tuition waivers
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A student convicted of marijuana possession can lose a scholarship and a promising future.
Fines
Fines for a Phoenix drug possession charge are a minimum of $2,000 or three times the value of the drug possessed (determined by the court), whichever amount is greatest.
A drug offense exposing a minor to drugs carries very serious felony and imprisonment charges. Increasing charges and penalties also exist for Phoenix drug manufacture, distribution, and trafficking.
Get legal help
Contact Us, Billar & Donald, P.C. We have the answers to your Phoenix drug possession inquiries. Provide us with detailed information about your case and we can begin an assessment.