If you have been charged with possession of a controlled substance, then it is vital to understand what you are up against, especially the serious penalties that are involved, and the defenses available to you. While your criminal defense lawyer can tell you best what to expect in your case, here is an overview of what drug possession charges in Phoenix entail. These charges could come as a misdemeanor, or as a serious felony. While misdemeanors carry the possibility of serving jail time, felonies entail a prison sentence as well as other more serious penalties, not least of which is being labeled a convicted felon. No matter the exact nature of your charges, however, it is certain that you are confronted with severe penalties. You need to find the best Phoenix drug possession lawyer possible to find the rigorous defense that you need and deserve.
Penalties for Drug Possession in Phoenix
Dangerous or Narcotic Drugs
There are many drugs that fall under the label of dangerous drugs or narcotics, but some of these controlled substances include anabolic steroids, cocaine, ecstasy, LSD, PCP, and methamphetamine. A charge for possession of this type of drug is a Class 4 felony charge. What this could mean is 1 to 3.75 years in prison. There could also be fines of up to $150,000.
The seriousness of a charge of marijuana possession will vary according to how much of the substance is said to been possessed by the defendant. All it takes is possessing more than four pounds of marijuana to be charged with a Class 4 felony, which could mean three and a half years in prison, and up to a staggering $150,000 in fines. If someone is charged with possessing less than four pounds but more than two pounds, then this would be a Class 5 felony. This entails a prison sentence of six months to two and a half years, as well as fines of up to $150,000. If you are charged with the possession of less than two pounds, this is still a Class 6 felony, which on top of the same maximum fine, could mean serving four months to two years in prison.
Much lower than a Class 1 felony, but a felony all the same, possession of peyote carries the penalty of four months to two years in prison, and fines could be anywhere up to $150,000. This offense is a Class 6 felony. A possible defense against this charge is available if you can prove that you were using the peyote for a religious observance, in an action which was not a hazard to others.
If someone is only supposed to have a certain drug under a prescription, then using this drug without the prescription could mean a Class 1 misdemeanor charge. This could lead to a sentence of jail for six months and fines of up to $1,000.
Substances that Emit Toxic Vapors
When it comes to substances that emit toxic vapors, you could be faced with anything from a Class 1 misdemeanor charge to a Class 5 felony charge. If the charge is reduced to that of a Class 1 misdemeanor, however, then that person would still face up to six months in jail and up to $2,500 in fines. Someone could land this charge for using glue, aerosol spray, or isopropyl alcohol, for example.
A charge could carry more serious penalties than usual if aggravating factors are involved, such as if someone has been charged with possession of a controlled substance while in the vicinity of a school. If this accompanies a simple drug possession charge, this could automatically tack on a year to a prison sentence. Fines could be three times the worth of the controlled substance, or a fine of $2,000, depending on which is more. Also, if you are a repeat offender of a felony offense, then the potential sentences you face are escalated.
Now all this information only applies to charges that are for possession only, not for charges of possession with intent to sell. If you are faced with any drug charge, do not hesitate to get a former prosecutor on your side. Attorney Davidson has years of experience not only as a criminal defense lawyer, but as a criminal prosecutor. He thoroughly understands what it takes to create a successful defense, and he is committed to fully defending his clients' rights. Find out what our aggressive and experienced defense can do for you when you
contact the Law Offices of Joshua S. Davidson, PLC today!