Felony Drug for Sale FAQs

Facing the overwhelming power of the government in any criminal case can be overwhelming. However, if you’ve been charged with a felony drug crime in Phoenix, it is essential that you immediately familiarize yourself with the law, your potential defenses, and what’s at stake if you’re convicted. At the Law Office of James E. Novak, we recognize that the more you know going into the process, the better you will be prepared and the better the outcome you can expect. For this reason, we’ve prepared a list of felony drug for sale FAQs to help you understand the basics of this serious crime.

Of course, these felony drug for sale FAQs are just the tip of the iceberg. And, if you have an upcoming court date for a drug case, you’ll probably have additional questions. If so, feel free to reach out to the Law Office of James E. Novak by calling 480-413-1499 to schedule a free consolation with our Phoenix drug crimes lawyer.

Yes, selling any type of illegal drug in Arizona is always considered a felony offense. In most cases, a drug sale crime is considered a Class 2 felony; however, the specific sentence you receive will depend on the following factors:

• The type of drug,
• The quantity of drugs,
• Whether you have a prior felony conviction,
• Whether the prosecution establishes any aggravating circumstances.

No, in Arizona, the way the law is phrased makes it a crime to both sell drugs as well as to possess drugs with the intent to sell them. Thus, it is possible—and even common—for prosecutors to charge someone with selling drugs even though law enforcement didn’t observe them make a sale. For example, the prosecution may rely on the following facts to prove you intended to sell drugs:

You had a large amount of cash on you at the time of your arrest;
• The amount of drugs you possessed wasn’t consistent with personal use;
• You also had scales, empty baggies, or other drug paraphernalia;
• You made an inculpatory statement to police or detectives; or
• You didn’t have any way to ingest the drugs.

Yes, prosecutors are required to specify what type of drugs they claimed that you intended to sell. They must also prove that the substances you had were, in fact, that type of drug. For example, if you were arrested and charged with selling heroin, the prosecution must prove that the substance you had on you at the time of your arrest was heroin. If it was fentanyl, the prosecution would need to amend the complaint to reflect that; otherwise, a judge or jury could not find you guilty of selling heroin.

Yes. Prosecutors can charge you with offering a felony drug for sale even if, at the time of your arrest, you didn’t have any narcotics in your possession. This often comes up in two situations. First, if someone was selling drugs out of a stash location. And second, if someone happened to get arrested right after they sold their last baggie and police officers were unable to stop the alleged buyer.

If you’ve been arrested and charged with a felony drug crime, it is essential that you reach out to a dedicated Phoenix criminal defense lawyer as soon as possible. At the Law Office of James E. Novak, we have decades of experience aggressively defending clients facing all types of drug charges and know what it takes to beat even the toughest cases. To learn more, and to schedule a free consultation, call the Law Office of James E. Novak at 480-413-1499. You can also reach us through our secure online contact form.