Arizona outlines the charge of use or possession of a dangerous drug under A.R.S. 13-3407. It prohibits an individual from knowingly using or possessing a dangerous drug. The term “dangerous drug” is often confusing because it does not include marijuana. The drugs listed in this charge typically include:
- Pain killers.
- Some form of prescription drugs.
If you or a loved one has been charged with possession or use of a dangerous drug,contact Maasen Law Firm today. We represent all types of drug crimes charges.
Possible Punishment for Possessing or Use of a Dangerous Drug
If you are convicted of this drug crimes charge, your sentence depends on your prior criminal record. For instance, possession or use of a dangerous drug is typically a class four felony. However, you may be convicted of a class one misdemeanor if the following applies:
- The drug you used or possessed wasn’t methamphetamine or amphetamine.
- You have never been convicted of a felony.
You may qualify for a sentence under Proposition 200. The judge has the option to give you probation or require you to enter the Adult Deferred Prosecution Program (TASC). Under TASC, you may be required to:
- Complete a minimum of six months of group counseling.
- Attend two self-help meetings a week for six months.
- Attend one drug or alcohol abuse education seminar (three hours long).
- Complete a urine testing.
- Pay fees ranging from $2,000 to $2,500.
Once you complete the program, which can last up to two years, your possession or use of a dangerous drug charge is dismissed. If you have a low level drug conviction or you’ve already completed TASC, you could be eligible for the probation only part of the Prop 200.
You need to start fighting your drug crimes charge immediately. In some cases, you may be charged with other types of crimes such as sex crimes, DUI or violent crimes. Maasen Law Firm will represent you with any type of crime you’re facing. Contact us by clickinghere.
You may not be eligible for Prop 200 if your criminal record includes:
- Two felony drug convictions (any type of drug crimes).
- Prior drug crimes conviction was for any methamphetamine drug crimes, promoting prison contraband, transportation or sale of drugs or driving while under the influence.
If you are not eligible for Prop 200 and this is your first class four offense felony conviction, you could face the following:
- Zero days in jail and probation.
- Up to one year in jail.
- From one year to three and three quarters years in prison.
With one prior felony conviction, you face two to seven and one half years in prison. If you have two prior felony convictions, you may be sentenced to six to 15 years in prison.
Anyone convicted of possession of a dangerous drug must:
- Pay a fine of at least $1,000 or three times the value of the drug you possessed.
- If you receive probation, you must complete at least 360 hours of community service.
Sometimes your sentence is based on what’s called a “threshold amount.” If you are convicted of possessing an amount over the threshold you face tougher penalties. For example, if you are convicted of having over nine grams of methamphetamine, then you wouldn’t be eligible for probation for your drug crimes conviction.
Also, the prosecutor would claim the larger amount of drugs in your possession creates a presumption of an intent sale or transport the drug. This is a more serious drug crimes charge with tougher penalties. Click here to learn more about possession of drugs for sale or transportation for sale.
Possible Defenses for Use or Possession of Dangerous Drug
Click here to view our felony drug crimes victories.
You haven’t been convicted of any drug crimes charge. So the best thing to do right now is to start working on your defense with the goal of getting charges dropped or dismissed. It’s important to attack the prosecutor’s evidence. To do this, we will how that you did not knowingly possess any drugs. This is called lack of knowledge defense. We will show evidence that someone else could have placed in your home or vehicle.
Another possible defense is where all criminal procedures were followed during the investigation and arrest. We will file motions to challenge any evidence gathered when proper procedures weren’t followed like obtaining a proper search warrant.
Our attorneys are ready to defend you against this or any drug crimes charge. Contact us for a free initial consultation. Maasen Law Firm is devoted to listening the facts of your case and building a solid drug crimes defense for you.
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