Phoenix Drug Possession Attorney
Understanding Possession Charges
It is illegal in the state of Arizona to be in the possession of a controlled
substance or illicit substance. No matter whether your charges involve
possession of drugs for personal use or if you were allegedly in
possession with intention to sell
, a conviction can result in a number of harsh punishments. It is essential
to put an experienced Phoenix drug crime lawyer on your side who can protect
your rights throughout each step of the process.
Drug Laws in Arizona
The state of
Arizona holds a tough stance in regards to criminal charges relating to
drug possession. Not all possession, however, is viewed equally. The drug that you are
found in possession of, the amount and the location of the possession
will all affect the overall penalties that are imposed. In order to be
convicted of this offense, the prosecution must prove beyond a reasonable
doubt that you were either in actual, constructive, or joint possession
of the illicit substance. The prosecution will also have to prove that
you knew that you had the drugs and that you also knew of their illegal nature.
Actual possession is the simplest version of possession; simply put, actual possession means
that you were carrying the drug with you. The drug could be in your pocket,
in your purse or even hidden in a body cavity.
Constructive possession enters a more grey area of the law as it refers to being in unlawful possession
of a controlled substance, but not directly on your person. Constructive
possession involves possession of drugs in an area in which you exercise
control – for example, for example, in your room or even in your
car. The last type of possession is that of
joint possession; this means that you share illicit drugs with someone else and are either
in actual or constructive possession.
What are Dangerous Drugs?
Drug possession charges pertain to three different classifications of drugs
in the state of Arizona: dangerous drugs, narcotic drugs and marijuana.
Possession of a "dangerous drug" is considered to be a class
4 felony or a class 1 misdemeanor in the state of Arizona, and this crime
is punishable with up to 6 months in jail and fines up to $2,500. Under
Arizona Law, these dangerous drugs include:
If you are found in possession of any narcotic drugs such as cocaine, heroin,
opium, morphine, or oxycodone, your penalties will be far more severe.
A narcotic possession conviction is typically a class 4 felony and is
punishable for up to 18 months in prison according to the Arizona Revised
Statutes §13-3408. Possession of marijuana in Arizona is typically
considered a class 6 felony offense if the possession was for personal use.
A person arrested for drug possession without any prior convictions may
be able to avoid imprisonment and fines and be placed on probation instead.
Possible penalties differ from case to case dependent on factors such
as amount of drug, type of drug and prior offenses. For the most accurate
evaluation of your drug crime, get in touch with a knowledgeable Phoenix
drug possession lawyer from our firm to discuss your defense options before
it is too late.
Superior Representation: Knowles Law Firm, PLC
No matter how serious your
drug crime charges may seem, the truth is that you are not without hope. There are
legal defenses that can be utilized on your behalf to help prove your
innocence and to escape and challenge the possibility of a conviction.
For example, if you have a legitimate prescription out for the drug that
you were arrested for, then you are legally in possession of them and
your charges will be dismissed.
Dealing with the possibility of a conviction is not to be taken lightly.
If you have been criminally charged with possession, it is wise to seek
the legal assistance of Knowles Law Firm, PLC as soon as possible. Over
the years, the firm has been successful in handling criminal cases of
all kinds, simple or severe. While this past success is not a promise
or a guarantee that they will be successful in your case, it is a snapshot
of their ability to pursue your best interests in the courtroom. If you
would like to learn more about how they can help you in your current case,
contact a Phoenix drug possession lawyer at the firm today.