While any drug sale charge is a serious issue, when the charge involves
narcotics such as cocaine and heroin, the potential penalties become that much more
severe. If someone is charged with selling or transferring narcotic drugs,
he or she is looking at a Class 2 felony charge. What exactly are the
penalties you could be facing? These could include:
- Prison for three to 12.5 years
- A $150,000 fine
If that were not already a serious enough penalty, there are circumstances
in your case that could escalate these penalties even further. By the
way, these are the same penalties you could face upon being convicted
for the sale or transfer of
dangerous drugs, such as anabolic steroids, depressants, and hallucinogenics).
Factors That Can Aggravate a Drug Sale Sentence in Arizona
Even if this is the first criminal charge you face, your charges could
be aggravated if the
sale of the controlled substance was said to have occurred on school grounds, or even near a school zone.
If convicted of this aggravated charge, a defendant would automatically
face one more year in prison, and could be fined $2,000 more, or fined
3 times the worth of the narcotics, whichever fine would be higher.
If someone is being charged as a repeat or habitual offender, they could
be facing even higher sentences, under
Arizona Code Section 13-703. This law says that someone might be a category one repetitive offender
if they have been convicted of two other felonies, but that they were
not convicted of these before their current trial. A category two repetitive
offender is someone who has one previous felony conviction on their record,
or who has faced conviction of three or more felonies in the same trial.
A category three offender is someone who has two prior felonies on their record.
Category One Repeat Offender: still a potential sentence of 3 to 12.5 years
Category Two Repeat Offender: prison sentence of 4.5 to 23 years
Category Three Repeat Offender: prison sentence of 10.5 to 35 years
Charged with the sale of narcotic drugs? You Need Powerful Defense
As dire as this drug charge is, and has hard as the prosecutor is going
to want to come down on you, it is still possible that tough defenses
are available in your case. It will take a skilled criminal lawyer to
find these defenses though. If you work with the Law Offices of Joshua
S. Davidson, you can get the proven skill of a former prosecutor on your
side, a Phoenix criminal defense lawyer who will be dedicated to defending
your full rights.
This includes your Fourth Amendment rights. If the narcotic drugs in your
case were seized through an unlawful search, the evidence against you
could get thrown out of the court. Or if the charges came from an undercover
sting, it may be necessary to look into whether you could mount an entrapment
defense. Learn how we could fight for your freedom and future: call our