Drug Possession with Intent to Sell

Being convicted of drug possession with intent to sell or distribute in Arizona has the potential to bring with it serious penalties and repercussions, which may include costly fines, jail time and suspension of your driver’s license.

Even though you may have been charged with drug possession with intent to sell, this does not mean that you will necessarily have to face a conviction. Having a defense lawyer who understands the legal system, particularly with regard to drug possession, will give you an advantage when it comes to fighting your charge. A good criminal defense attorney will be able to effectively keep the prosecution from proving your guilt beyond a reasonable doubt, allowing you a greater chance of getting your charges reduced, or possibly even dismissed.

If you have been charged with drug possession with intent to sell in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, you a lawyer who is a trial veteran and unafraid to fight for your best interest. Contact the Law Offices of James E. Novak at (480) 413-1499 fir a free and honest assessment of your case with defense attorney James E. Novak. Take the first steps towards getting your life back on track.

According to Arizona Revised Statutes § 13.3408, drug possession offenses can involve any of the following:

• Possess or use a narcotic drug – Punishable as a class 4 felony, 2.5 years in jail and/or at least $750 in fines
• Possess a narcotic drug for sale - Punishable as a class 2 felony, 5 years and/or at least $750 in fines
• Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug - class 3 felony, 3.5 years and/or at least $750 in fines
• Manufacture a narcotic drug - Punishable as a class 2 felony, 5 years and/or at least $750 in fines
• Administer a narcotic drug to another person - Punishable as a class 2 felony, 5 years and/or at least $750 in fines
• Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge - Punishable as a class 3 felony, 3.5 years and/or at least $750 in fines
• Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug - Punishable as a class 2 felony, 5 years and/or at least $750 in fines

Anything related to having “intent to sell” can result in harsher felony charges. The lower the class number of felony, the tougher the sentence. This means a class 1 or class 2 felony will generally lead to much more severe penalties than class 3 or 4 felonies. A drug possession with intent to sell criminal offense will almost always be punishable as a class 2 felony, which can result in the following penalties, depending on how many prior offenses the alleged offender may have on their record:

• No Prior Record – Minimum 4 years, Maximum 10 years in prison; probation eligible
• One Prior Conviction – Minimum 6 years, Maximum – 18.5 years in prison; probation eligible in special cases
• Two Prior Convictions – Minimum 14 years, Maximum 28 years in prison; not eligible for probation

If you are a first time drug offender, you may be eligible for alternative penalties or punishments to traditional jail or prison sentences. Since a first time offender is generally probation eligible, Arizona law generally requires an alleged offender to enter a drug diversion program during this period of probation, which will effectively drop all charges if the alleged offender successfully completes all requirements to the program. It should be noted that there are very specific circumstances for second time offender to be allowed probation, but entering a diversion programs is highly unlikely to be available.

Maricopa County has a county drug court program that offers an outpatient counseling and drug monitoring program for individuals who meet the following criteria:

• The alleged offender must not be on active supervised probation for a prior offense;
• The alleged offender did not use any dangerous weapons used during the offense;
• The alleged offender has no prior serious violent behavior;
• The alleged offender has no more than one prior felony conviction; and
• The alleged offender is not currently involved with methadone.

If you are eligible for drug court, the program offers numerous benefits as compared to jail time. Not only will you be able to have your charges dropped with the possibility of eventually having your arrest record expunged, you also can take advantage of deferring any fines, receiving graduated levels of drug education, receiving rewards and incentives for program compliance, and participating in pro-social activities. Basically, drug court focuses on rehabilitation as opposed to punishment, allowing alleged offenders to learn from their mistakes and become better individuals instead of just going to jail.

If you have been arrested and charged with drug possession with intent to sell in Mesa, Tempe Scottsdale, Gilbert, or other areas in Maricopa County, do not give up hope because you have options at your disposal. Taking advantage of the extensive experience and vast legal knowledge of attorney James E. Novak will provide you with the ability to fight your charges.

With over a decade of experience in criminal defense, James Novak has successfully handled many drug possession cases and can be counted on to fight f. Initial consultations are free, so if you are dealing with a pending drug possession with intent to sell case in Maricopa County, call (480) 413-1499 or send the Law Offices of James E. Novak an online message today.