Narcotics Drug Sales Case

Arizona has always been strict in regard to drug charges, utilizing everything from heavy surveillance to undercover operations to catch and punish those involved in the manufacturing, distribution, sale or possession of them. In some cases, they can even prosecute defendants at both the state and federal level without triggering double jeopardy, which can result in extreme sentencing periods.

Aggressive investigation and prosecution is particularly common for highly addictive substances that threaten public safety, such as narcotics, especially opioids. Traditionally, narcotics include a wide range of drugs, including morphine, codeine, fentanyl, benzethidine, sufentanil, heroin, tramadol and hydrocodone. Federal classification also lumps amphetamines and cocaine under the Schedule II narcotics umbrella, despite these drugs having essentially the opposite effect on users.

While some first-time offenders who demonstrate a commitment to rehabilitation may be eligible for diversion programs, drug court or reduced sentences, those caught with narcotic drugs usually aren’t given the same leniency. Because they are classified as a dangerous substance, state law enforcement can be excessive when prosecuting these offenses, even simple possession, and inflict heavy legal penalties on the accused.

What Are the Penalties for Narcotic Possession and Distribution in Arizona?

There are no misdemeanor controlled substance possession charges in Arizona. Even the possession of a small quantity of narcotics can result in a class 4 felony charge, with first-time offenders potentially facing a 3.75 year prison sentence and/or at least $750 in fines and surcharges.

These charges are more severe in drug sales cases, especially if the sale was to a minor or near a school. Possessing narcotics with the intent to sell or distribute them is a class 2 felony punishable with a maximum sentence of 12.5 years. The type of narcotic and the amount you’re carrying will also affect your sentencing, as being charged with carrying more than 1kg of heroin or more than 100 grams of fentanyl in a mixture are federal offenses that can result in ten years to potentially life in prison.

Even if you didn’t sell the drugs, if you were present at the drug deal, you can still be accused of aiding or abetting and face felony charges as a result.

What Must the Prosecution Prove in a Narcotics Drug Sales Case?

The prosecution needs to show that you were in control of the narcotics, meaning the drugs were found in your home, your vehicle or on your person. They must prove that you were knowingly in possession of narcotics and didn’t carry them on accident, such as if someone else hid them on you without your knowledge.

They must also establish criminal intent, meaning that you had narcotics in your possession with the goal of distributing and selling them rather than personal use. In other words, the prosecution needs to demonstrate that you knowingly and willfully committed the alleged drug sales offense, acting in violation of Arizona Revised Statutes, Title 13, Chapter 34.

Law enforcement often rely on paraphernalia or information obtained during a search to prove you had intent to sell, like a scale or packing materials, or if there are text messages confirming the sale.

Work With an Experienced Phoenix Drug Sales Lawyer Who Will Help You Build a Strong Defense

The Law Office of Michael Alarid III understands the stakes involved in your case, and we’re ready to develop a compelling defense strategy to protect you from harsh drug charges and penalties. As an Arizona board-certified criminal defense attorney, Michael Alarid III will provide you with aggressive, detail-oriented representation. No matter what you’re being accused of, he’ll fiercely protect your continued freedom, pursue every potential avenue for dismissal, look for violations of your rights and negotiate for reduced charges on your behalf.

To book a free, one-on-one case consultation, call (602) 818-3110 or fill out our online contact form today.