Methamphetamine is considered a dangerous drug in Arizona. Generally, crimes involving dangerous drugs, such as meth possession with intent to sell, carry harsher penalties than drug crimes involving drugs that are not considered dangerous drugs. Arizona prosecutors aggressively pursue charges of meth possession with intent to sell. If you are arrested or charged, you should consult Phoenix meth crime lawyer James E. Novak. Mr. Novak is a former prosecutor who can use his insights to provide a skillful, knowledgeable defense.
Meth Possession with Intent to SellA.R.S. section 13-3407 prohibits anyone from possessing meth, along with buying, using, selling, manufacturing, or moving meth. If you possess at least nine grams of meth, including meth in a liquid suspension, you have the threshold amount to be charged with possession with intent to sell, even if you did not actually plan to sell it. There is a mandatory prison sentence for a first offense, and you will not be able to get early release, even if you have good behavior in jail.
Meth possession is usually a class 4 felony and can be punished by up to 3.75 years in prison. However, possession with intent to sell is a class 2 felony, which is more serious. While possession with intent to sell is a factual question for a jury or judge, it may be found when a certain amount of a drug is possessed, when the drugs are discovered with cash or scales or ledgers, or when the drug is packaged for sale.
If you are convicted, the judge will consider various factors, including how much of the dangerous drug you possessed, whether the charge is your first charge or a repeat, whether the purpose was for use or sale, whether the amount equaled or was more than the statutory threshold amount, whether you have a prior criminal record and what the prior charges were, and whether there are any mitigating or aggravating circumstances.
Generally, if you possess meth for sale, you can face up to 12.5 years in prison. If the meth possession with intent to sell is a repeat offense, the sentencing may be longer. Additionally, you may be put on probation, be required to go to substance abuse treatment, and be required to pay fines and fees. You may lose the right to bear arms.
Usually, the sentence for possession of meth with intent to sell is going to be more serious than a sentence for drug possession. Meth possession for sale is treated with as much seriousness as actual meth sales.
However, you should not give up hope or assume that a conviction is inevitable. There may be strong defenses that your criminal attorney can raise on your behalf. We may be able to develop a procedural defense and get evidence of the meth suppressed if the meth was obtained through an illegal search and seizure. For example, if you were pulled over without a reasonable suspicion that you were committing a crime or had committed a crime, but simply on a police officer's hunch, we may be able to get evidence from the detention suppressed.
In other cases, we may be able to argue lack of knowledge or entrapment. If the meth was found in a home or car that is used by more than one person, we may be able to show that you did not knowingly possess the drugs. Sometimes people are asked to run an errand by a roommate, friend, or spouse as a favor, and drugs are concealed within the car without the knowledge of the driver.
Consult a Meth Crime Lawyer in Phoenix or Surrounding CitiesProsecutors may pursue a harsh sentence for a charge of meth possession with intent to sell. It is critical to consult a drug crime attorney to build a defense or present mitigating evidence on your behalf. James E. Novak is a former prosecutor who now represents defendants throughout the Phoenix area, including in Mesa, Tempe, Chandler, Gilbert, Scottsdale, and elsewhere in Maricopa County. Contact James Novak at (480) 413-1499 or via our online form.