Arizona takes drug crimes very seriously. If you have been charged with a drug crime, you need an experienced Tucson drug crime lawyer to defend you. Katsarelis Law Criminal Defense Attorneys is likely your best chance to avoid harsh penalties. Contact us to schedule your free consultation today at (520) 510-0439.
Penalties could include prison time, a criminal record, and huge fines. We offer a free, no-pressure initial consultation for all of our new clients. This is an opportunity to meet our legal team, learn about your rights, and get started on your case as soon as possible. The sooner you hire a lawyer to defend you, the better your chances of winning your case.
How Katsarelis Law Criminal Defense Attorneys Can Help If You Are Arrested For A Drug Crime In Tucson, Arizona
Katsarelis Law Criminal Defense Attorneys will defend you in court if you are arrested for a drug crime in Tucson, Arizona. Our Tucson drug crime lawyers have more than 45 years of combined experience. We stand up to prosecutors, judges, and the police on behalf of our clients.
If you hire us to represent you, we will:
- Listen to your story
- Conduct an independent investigation
- Review discovery
- Consult with the prosecutor and negotiate a plea deal (when appropriate)
- File pretrial motions, including a bond motion
- Represent you at every court appearance
- Advocate for you during the trial
- Argue to mitigate your sentence, if you are convicted
We are passionate about defending our clients during their most vulnerable times. Nothing is more important than protecting their legal rights and forcing the government to prove its case beyond a reasonable doubt.
Call our office to schedule a free consultation today.
Types Of Drug Crimes In Arizona
Drug crimes is a broad category of criminal charges in Arizona. Essentially, any crime that involves a controlled substance is considered a drug crime. In Tucson, some of the most common types of drug crimes include:
- Cultivating or manufacturing drugs
- Distributing or selling drugs
- Trafficking drugs
- Possessing drugs or drug paraphernalia
The charges can vary in severity depending on the type of drug involved and the defendant’s criminal record. You will need to get personalized legal advice to understand the specific charge that you face and its impact.
Controlled Substance In Arizona
There are hundreds of controlled substances in Arizona. Just because a substance is controlled doesn’t mean that it is necessarily illegal. It means that there is a set of laws dictating who (if anyone) can possess and distribute the drug and under what circumstances.
Some of the most well-known controlled substances include:
- Marijuana
- Methamphetamine
- Fentanyl
- Heroin
- Cocaine
- Oxycodone
- Ketamine
- PCP
In Arizona, the state further classifies controlled substances into six categories:
- Marijuana
- Peyote
- Prescription drugs
- Dangerous drugs
- Narcotic drugs
- Drugs that emit toxic vapors
Depending on the category, there may be more or less serious consequences for a conviction.
What Are the Penalties For A Drug Conviction In Tucson, Arizona?
Drug cases are taken very seriously in Tucson. The penalties for a drug conviction in Tucson, Arizona can vary significantly depending on the type of charge. In many cases, it will include prison time and a hefty fine, plus a term of probation after your release.
Factors that can increase penalties include:
- Prior criminal record
- The quantity of drugs involved
- The facts of the case
- Whether there are multiple offenses
- If the drug offense accompanied a violent crime
Every case is different. You should speak with a Tucson criminal defense attorney to find out how these factors may impact the sentence in your case.
Non-Violent Drug Possession and Proposition 200
Under Arizona law, anyone convicted of first-time, non-violent personal possession of a controlled substance is put on probation instead of going to jail.
As a condition of probation, they must complete a drug treatment or education program and pay for the costs. Probation may include other requirements like drug tests, restitution, or house arrest. If the person violates the terms of their probation, then they can be sentenced to jail time.
If this is the person’s third or subsequent possession conviction, they are not eligible for probation. They will automatically be sentenced to jail time after conviction. Furthermore, they are ineligible for probation if they are convicted of a violent crime or the crime involved methamphetamine.
Drug Distribution Penalties
The penalty for most drug distribution charges in Arizona depends on the category of drugs involved.
For dangerous drugs and narcotic drugs, a conviction is a class 2 felony. The penalty can carry between 2 and 12.5 years in prison and a fine of up to $1,000 for a first-time offense.
Distribution of prescription drugs is a class 6 felony. The penalty is much less severe because these drugs are considered less dangerous. A conviction could result in fines, probation, or prison time ranging from 4 months to 5.75 years.
Collateral Consequences For Felonies
Most drug crimes in Tucson are classified as felonies. That means that there are collateral consequences in addition to court-ordered penalties. These consequences may have a significant impact on someone’s life, even after they serve their sentence.
People who are convicted of a felony drug crime may:
- Lose the right to vote
- Lose the right to own a gun
- Have difficulty finding employment
- Have difficulty finding housing
- Feel alienated from their friends or family
- Be ineligible for certain loans
- Have difficulty passing a background check
- Losing public benefits
Collateral consequences can completely derail someone who is trying to move on after a drug conviction. People need to consider these consequences, in addition to the court-ordered consequences, when making decisions about their cases.
What Defenses Can Be Raised If I Am Accused Of A Drug Crime In Tucson, Arizona?
If you are accused of a drug crime in Tucson, Arizona, there are many defenses that you can raise. A successful defense may be the difference between going to prison and walking free. The best defense in your case depends on the specific facts. An attorney can help you create a strong defense from the beginning of your case.
Lack of Intent
Regardless of the type of drug charge, the prosecution must prove your intent. It may be your intent to possess, distribute, or manufacture a drug, for example. Part of the intent requirement is that you knew that you were possessing, distributing, or manufacturing the drug.
You cannot be convicted of a drug crime if they can’t prove intent. For example, if you get pulled over while driving a friend’s car and there are drugs in the trunk, you may argue that you didn’t intend to possess the drugs. That’s because you didn’t know they were in the truck.
Procedural Defenses
Procedural defenses are sometimes called technicalities. These are defenses based on an improper process or a violation of your rights. Procedural defenses can result in the exclusion of critical evidence or even an outright dismissal of the case.
Some common examples of procedural defenses are motions to suppress evidence or statements, a break in the chain of custody, or arguing that the police didn’t follow the proper protocol. Your lawyer will usually raise these defenses during pretrial motions before trial.
Entrapment
Entrapment is an affirmative defense where the defendant argues they were coerced into committing a crime by law enforcement. An affirmative defense is one where the defendant must produce evidence, which a defendant is usually not obligated to do.
In Arizona, to prove entrapment, the defendant must admit that they did commit the drug crime. However, they also must prove that:
- The idea to commit the crime started with law enforcement
- The law enforcement urged the defendant to commit the crime
- The defendant was not predisposed to commit the crime
If the defendant can prove this by clear and convincing evidence, then they will not be convicted of the drug crime.
Failure to Meet Burden of Proof
In every criminal case, including drug cases, the prosecution has the burden to prove each element beyond a reasonable doubt. Elements in a drug case vary based on the charge but may include:
- Actual or constructive possession
- Distribution
- Intent
- That the drug is a controlled substance (usually proven through chemical testing)
If the prosecution cannot meet their burden of providing enough evidence, then the defendant will not be convicted. All it takes is one juror to find that there is reasonable doubt, and the defendant will walk free.
Contact Our Tucson Drug Crimes Lawyers For A Free Consultation
People who hire a lawyer early on in their case tend to have better outcomes because they are able fight back from the beginning. Don’t waste time and risk letting the prosecution get ahead. After all, your freedom is on the line. Call Katsarelis Law Criminal Defense Attorneys for a free consultation today with one of our Tucson drug crimes lawyers.